A United States Magistrate Judge for the Eastern District of Virginia has ordered Capital One, the national bank, to release its forensic report on a data breach that occurred in 2019. The data breach affected about 100 million Capital One customers, and exposed sensitive financial data including Social Security numbers and information about credit card transactions. The decision may have a significant impact on many companies who wrestle with protecting the sensitive data of their customers. Continue reading “Capital One Ordered to Release Forensic Report on Data Breach”
Tag: Business Law
The Complications of Corporate Dissolution
A corporation is meant to absorb the financial and legal liability its owners might otherwise accrue in the course of running their business. However, a corporation’s effectiveness is not limitless, and there may come a time when it becomes necessary to bring the corporation’s business to a close. When that happens, you will need to undertake a corporation dissolution, which can be a more complicated process than it first appears. Continue reading “The Complications of Corporate Dissolution”
Facing Bankruptcy, Hertz Paid Executives $16 Million in Bonuses
Hertz, the major rental car company, has struggled to stay afloat since the arrival of the coronavirus. Its business model is heavily reliant on tourism, and with most people staying at home, their revenues have plummeted. However, these financial difficulties did not stop the company from paying its executives $16 million in bonuses right before filing for bankruptcy, a move that has received criticism from employees and shareholders alike. Continue reading “Facing Bankruptcy, Hertz Paid Executives $16 Million in Bonuses”
Small Business Owners Seek Essential Status to Remain Open
With the stay-at-home order in New York now extended to May 28 for some parts of the state, many small business owners are increasingly seeking ways to survive what will soon be an entire Spring under quarantine. While many businesses have moved to telework arrangements where possible, many other “nonessential businesses” have been forced to remain closed for the duration of the quarantine. For some businesses seeking to survive, they have come up with a novel approach: finding a way to shift to be considered an “essential” business. Continue reading “Small Business Owners Seek Essential Status to Remain Open”
Employers Brace for Employee Coronavirus Exposure Suits
The coronavirus has occupied the attention of America for months now, with people quarantined in their homes to avoid contracting or spreading the disease. This effort to slow the spread of the coronavirus, however, has had a deleterious effect on the economy, and businesses are eager to return to normal so they can begin making money like they did before. Employees, however, are less than enthusiastic about returning to work in the middle of a pandemic, and they have been turning to the courts for a remedy. Continue reading “Employers Brace for Employee Coronavirus Exposure Suits”
NY PAUSE Extended to May 15 by Governor Cuomo
Governor Andrew Cuomo has announced that New York’s coronavirus quarantine measures, known more formally as the New York PAUSE (Police that Assures Uniform Safety of Everyone), will be extended until May 15. The PAUSE, which began on March 22, has heavily restricted most business operations and shut down all non-essential government functions. While it was initially intended to last only a few weeks, it has since been extended twice to deal with the severity of the coronavirus pandemic. Continue reading “NY PAUSE Extended to May 15 by Governor Cuomo”
PETA and Beyond Meat Face TCPA Suit
The nonprofit animal rights group People for the Ethical Treatment of Animals (PETA) and the vegetarian meat substitute manufacturer Beyond Meat may seem like odd bedfellows at first glance, but they both share an interest in getting people to eat less meat and more vegetarian products and have teamed up to that end. However, their efforts may have put them in violation of the Telephone Consumer Protection Act of 1991 (TCPA). Continue reading “PETA and Beyond Meat Face TCPA Suit”
Mandatory Arbitration Clause Backfires Against DoorDash
A mandatory arbitration clause placed into its employment contracts may have backfired for DoorDash, the on-demand food preparation and delivery service. DoorDash put the clause into the contract to avoid class and collective action suits by its employees, forcing the employees into private arbitration instead. However, as a result, DoorDash may now be financially responsible for the costs of more than 5,700 individual arbitrations, bound by that same arbitration clause. Continue reading “Mandatory Arbitration Clause Backfires Against DoorDash”
Explaining the Telephone Consumer Protection Act (TCPA)
Most people have had to deal with the irritation of “robocalls,” phone calls that are made by automated systems, usually for the purposes of marketing or political advocacy
. Robocalls became so prevalent for a time that many asked Congress to ban them, or at least to regulate their use. To that end, Congress passed the Telephone Consumer Protection Act (TCPA) in 1991, which has remained a source of litigation ever since. Continue reading “Explaining the Telephone Consumer Protection Act (TCPA)”
CDC Issues Guidance That Coronavirus Does Not Justify Discrimination
The Centers for Disease Control and Prevention (CDC) has issued legal guidance with respect to people’s reactions to the outbreak of the coronavirus in China. Namely, they wish to remind businesses that Title VII of the Civil Rights Act prohibits discrimination on the basis of national origin and race, and that such rules are still in effect. In particular, they want to emphasize that the coronavirus can infect anyone, and people of Asian descent should not be singled out as being more likely to carry the disease. Continue reading “CDC Issues Guidance That Coronavirus Does Not Justify Discrimination”
