Data Scraping Lawsuit Appeals to Supreme Court

A federal lawsuit is set to go before the Supreme Court that will deal with the controversial practice known as “data scraping.” This practice, used by some companies to collect data on consumers for research and marketing purposes, has become controversial due to concerns over privacy violations. However, this lawsuit goes one step further, alleging that data scraping may be a violation of federal law, potentially introducing liability for any company that engages in data scraping. Continue reading “Data Scraping Lawsuit Appeals to Supreme Court”

BIPA Lawsuit Survives Article III Standing Challenge

In a move that may have substantial consequences for companies that collect biometric data, the Seventh Circuit has held that a violation of the Biometric Information Privacy Act (BIPA) alone constitutes sufficient harm to establish standing under Article III of the United States Constitution. This means that any company that violates BIPA by failing to adequately protect biometric data could be held legally liable for a data breach. This ruling is a significant victory for consumer privacy, and a warning to companies who collect and store biometric data from their customers or clients. Continue reading “BIPA Lawsuit Survives Article III Standing Challenge”

DOL Finalizes Rule Clarifying Franchising and Joint Employment

construction worker on scaffoldingThe Department of Labor (DOL) has issued its final rule regarding the relationship between franchisor and franchisee, with respect to possible joint employment status under the Fair Labor Standards Act (FLSA). Namely, they have clarified that the existence of a franchising relationship does not make the franchisor more or less likely to be a joint employer. Instead, they have affirmed a set of criteria that, considered as a whole, is determinative of whether joint employment exists or not. Continue reading “DOL Finalizes Rule Clarifying Franchising and Joint Employment”

Fifth Circuit Affirms ACA Individual Mandate is Unconstitutional

U.S. ConstitutionThe Fifth Circuit of the United States Court of Appeals has affirmed a district court ruling in part that says the individual mandate of the Affordable Care Act (ACA) is unconstitutional. While the district court went further to argue that the entire ACA, more colloquially known as Obamacare, was unconstitutional, the Fifth Circuit narrowly ruled on the constitutionality of the individual mandate. It then remanded the case back to the district court to determine what provisions, if any, were severable from the individual mandate. Continue reading “Fifth Circuit Affirms ACA Individual Mandate is Unconstitutional”

Limitations of Factoring Agreements Under No Fault Law

Factoring AgreementsAn interesting question has arisen as to who can collect no-fault benefits under New York law. New York regulations provide that only the patient and the provider can sue or arbitrate for medical benefits under the no-fault law. The question that arises is what happens when the provider assigns his medical benefits to a finance company or factor who purchases the accounts receivables or obtains a lien against them? (Learn more about how a factoring agreement works.)

Under New York law, the finance company or factor cannot sue to collect the receivables that are generated under the no-fault law because they are neither the provider nor the patient. Continue reading “Limitations of Factoring Agreements Under No Fault Law”

Deciding Where to Initiate a Lawsuit

Initiate a LawsuitWhen you decide to sue, before you make that first move, you need to think through where you are going to file the lawsuit. Selecting a forum may have a major impact on both the costs and the results of the litigation. In many litigations there is more than one forum in which the lawsuit can be started.

In New York State, it can be brought in the county where the plaintiff lives, the county the plaintiff’s business is in, the county where the performance of the contract was to take place or the county in which the event giving rise to the suit occurred. Continue reading “Deciding Where to Initiate a Lawsuit”

Important Considerations Before Launching a Lawsuit

Lawsuit ChecklistIn deciding whether or not to sue there are three important considerations, and without all three a lawsuit generally cannot succeed: (1) there must be a liability (or a basis for getting relief); (2) there must be damages (and under New York law damages are sometimes not easy to prove and may require expert testimony unless it is plain and easy to calculate); and (3) there must be a “pocket” or source of funds from the parties who are liable for the damages, to pay a judgment.

Many people commence lawsuits without having all three factors in mind. If you don’t have at least two of the three factors clearly defined in your mind — and at least a reasonable chance that the third factor exists — usually the lawsuit should not be brought. Continue reading “Important Considerations Before Launching a Lawsuit”

The Health Care Reform Law — Is Your Practice at Risk?

Health Care Reform LawThe Health Care Reform Law commits the government to more aggressive efforts to find and prosecute Medicare fraud. Under the new law, funding will be increased to aid those efforts. The number of Medicare Fraud investigative offices across the country will double, so the agency will have the people and resources to address this serious problem. Continue reading “The Health Care Reform Law — Is Your Practice at Risk?”

Goldman Sachs, Paulson and the SEC

 Goldman SachsThe recent fraud allegations against Goldy for their scheme with John Paulson are enough to turn one’s stomach. It’s not really any different than a coach betting on the opposing team and then playing only his second- and third-string players.

The big question is whether the Senate will maintain the attitude it showed during its grilling of Goldman CEO Lloyd Blankfein, or will the passage of time, and the replacement in the minds of the public by other stories, cause a reversion to business as usual. Continue reading “Goldman Sachs, Paulson and the SEC”