The Third Circuit’s recent decision in Allen v. Ollie’s Bargain Outlet, Inc., — F.4th —-, 2022 WL 2284654 (3d Cir. 2022), gave close scrutiny to two elements of the class certification inquiry – numerosity and commonality – that are often deemed satisfied with little analysis, and rejected the district court’s reliance on inferences drawn
Italian Garante Bans Use of Google Analytics
On June 23, 2022 the Italian data protection authority (“Garante”) released a general statement (here) flagging the unlawfulness of data transfers to the U.S. resulting from the use of Google Analytics. The Garante invites all Italian website operators, both public and private, to verify that the use of cookies and other tracking tools
Court of Justice of the EU Decides that the Passenger Name Record Directive is Compatible with EU Law
On June 21, 2022, the Court of Justice of the EU (“CJEU”) decided that that the Passenger Name Record (“PNR”) Directive’s provisions providing for the processing of PNR data by competent Member State authorities are compatible with the EU Charter of Fundamental Rights (“Charter”). However, the CJEU also decided that the PNR Directive limits the
Congressman McHenry Releases Discussion Draft of Financial Data Privacy Bill
On June 23, Congressman Patrick McHenry released a discussion draft of new legislation to modernize federal financial data privacy law. The draft legislation would amend and build on the Gramm-Leach-Bliley Act (“GLBA”). The draft includes notable provisions on consumer rights, data minimization, and disclosures. It also updates the definition of “financial institution” to include data
One Week Remains for Covered Contractors and Subcontractors to Complete Certification in the OFCCP’s Contractor Portal
All existing supply or service contractors (at the prime and subcontract level) that meet the OFCCP’s jurisdictional thresholds must register and certify compliance with the AAP requirements. New contractors have 120 days to develop their AAP(s), and must register and certify compliance through the Contractor Portal within 90 days of developing their AAP(s). At present,
EU Consumer Protection and Data Privacy Authorities Adopt 5 Key Principles for Fair Advertising to Children
On June 14, 2022, representatives of the EU’s Consumer Protection Cooperation (CPC) Network, together with several national data protection authorities in the EU and the secretariat of the European Data Protection Board (“EDPB”), endorsed five key principles for fair advertising to children (see press release here). These recommendations are based on relevant requirements
FTC Announces Plans to Begin Privacy Rulemaking In June
Today, the Federal Trade Commission (FTC) announced that it anticipates proposing a privacy rulemaking this month, with comments closing in August. This announcement follows the agency’s statement in December that it planned to begin a rulemaking to “curb lax security practices, limit privacy abuses, and ensure that algorithmic decision-making does not result in unlawful discrimination.”
Recent Developments in U.S. and UK Sanctions: OFAC Guidance on “New Investment” and Prohibition on the Provision of Certain Services to Any Person in Russia; UK Sanctions Enforcement Developments
On June 6 and June 9, 2022, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) issued additional guidance on the sanctions that prohibit U.S. persons from making a “new investment” in Russia and from providing accounting, trust and corporate formation, and management consulting services to any person located in Russia.
Separately, from June
Sixth Circuit Adds Teeth to Rule 23’s Ascertainability Requirement
The Sixth Circuit recently made it more difficult for plaintiffs to certify a class where individualized inquiries are needed to identify class members.
In Tarrify Properties LLC v. Cuyahoga County Ohio, 2022 WL 2128816 (6th Cir. June 14, 2022), the Sixth Circuit addressed a claim that Ohio’s tax-foreclosure statute operates as a taking under the
Fudge Without Milkfat Isn’t “Fudged”
Kellogg’s defeated yet another putative class action filed by prolific litigant Spencer Sheehan alleging that one of its Pop-Tarts products misleads consumers. See Reinitz v. Kellogg Sales Co., 2022 WL 1813891 (C.D. Ill. June 2, 2022).
Asserting state law consumer fraud theories, plaintiff argued that Kellogg’s Frosted Chocolate Fudge Pop-Tarts mislead consumers because they do