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Judge Sutton argues that the clear-statement rule dooms OSHA's ETS.

Several interesting cases this year involve waiver and privilege jurisprudence. Perhaps none more sharply underscores the importance of a well-written proffer agreement when making disclosures to the government than a decision by the Fourth Circuit.

Earlier this fall, the Fourth Circuit vacated the district court's class certification order in the Marriott data breach MDL because of the potential applicability of a class action...

Sometimes it is necessary to obtain evidence from non-parties during a reinsurance arbitration. Yet, the Federal Arbitration Act ("FAA") ...

This month, CPW's Kyle Fath, Kristin Bryan, Christina Lamoureux & Elizabeth Helpling explained how data privacy and cybersecurity were Federal Trade Commission ("FTC") priorities.

The Federal Trade Commission ("FTC") announced this afternoon an enforcement action against the former and current owners of online platform CafePress for...

Data breach prevention and response are again at the forefront of the public consciousness with the recent news of a massive data breach by Yahoo.

The federal Video Privacy Protection Act ("VPPA") is one of the most frequently litigated data privacy statutes. This month, a California federal court dismissed VPPA claims brought against Hershey...

Following a widespread data event and subsequent cybersecurity litigation, last month a group of individuals ("Proposed Intervenors") moved to intervene and oppose preliminary approval a negotiated proposed settlement.

A leading privacy attorney will address the surge in litigation surrounding cookie banners and consent management platforms, exploring how technical failures and misleading implementations are triggering claims...

In Illinois, the courts are grappling with an issue akin to the Article 3 standing issues that courts have been analyzing in post-breach cases for years, that is, whether a plaintiff must claim...

As CPW previously reported, President Biden nominated D.C. Circuit Judge Ketanji Brown Jackson to the Supreme Court to fill a vacancy opened when Justice Stephen Breyer announced his retirement.

Last Friday, the Judicial Panel on Multidistrict Litigation ("JPML") transferred and centralized over 40 data event and cybersecurity class actions brought against T-Mobile in the Western District of Missouri.

Saying it will accelerate complex investigations, the United States and the United Kingdom proposed an historic data exchange agreement.

With its private right of action and expansive scope – extending far beyond Washington state's borders and applying to a wide swath of health- and non-health-oriented companies...

The time has come, friends. The Rebate Series ends with this post. At least for a little while. So far we've covered the basics of arbitrage and rebate and two key timing-based spending...

The IRS has had a busy start to 2021! Guidance continues to pour forth as the change in Administration approaches. On January 4, the IRS released Revenue Procedure 2021-10