News & Articles

Robo-Call Ruling A Win for Businesses

A recent opinion in a federal appellate case (D.C. Circuit Court) was a huge win for American businesses utilizing automated telephone solicitations.  The court unanimously voted against a 2015 Federal Communications Commission (FCC) rule aimed at limiting auto-dialing devices, but which also would have prohibited calls from any smartphone.  That outcome, which certainly would have

TCPA – Collectors Not Vicariously Liable For Text Messages

In a recent case concerning violations of the Telephone Consumer Protection Act (“TCPA”) a federal appellate court affirmed a ruling in favor of payday lenders and lead-generating vendors, holding that these defendants could not be held vicariously liable for the actions of a non-party “publisher” that sent a text message to numerous individuals on behalf

Update on the Illinois Biometric Information Privacy Act

Recently, an employee filed a complaint in Cook County alleging his employers, Elite Staffing Inc. and Visual Pak Co., collected and stored his fingerprints without his permission. If true, this would be a direct violation of the Illinois Biometric Information Privacy Act (BIPA).  As noted in previous newsletters, we have been expecting an increase in

Workers Claim Employer Exposed their Personal Data

In yet another troublesome cybersecurity case, employees in Florida have filed a federal case against their employer for inadvertently disclosing their personal information.  The company on the hot seat is Lincare Holdings, Inc., a home health care corporation.  A human resources employee at the company allegedly divulged workers’ private information when someone pretending to be

Illinois Nursing Home Hit with BIPA Claims

Here’s an example that the Illinois Biometric Information Privacy Act (“BIPA”) is not an idle threat.  An Illinois nursing home was recently hit with a putative class action by employees who claim that daily biometric fingerprint scans violate their privacy rights under the law.  The company on the defensive is Oak Park Rehabilitation & Nursing

Tax Incentives in the New Tax Cuts & Jobs Act

The new Tax Cuts and Jobs Act (the “Act”) provides tax incentives for making investments in low-income communities through Qualified Opportunity Zones.  Qualified Opportunity Zones will be designated by nomination of census tracts qualifying as low-income communities as well as tracts that are contiguous with low-income communities.  Governors of every state will have the opportunity

Florida Construction Law Statute of Limitations Update

Last summer, Florida Governor Scott signed a new bill into law which made important amendments to the statute of limitations for construction contracts.  Under the previous statute, actions based upon the design, planning, or construction of an improvement to real property were required to be commenced within four years of an alleged construction defect.  That

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