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New D.C. Circuit Ruling Finds Substantial Risk of Harm Inherent to Data Breach

Last week, the D.C. Circuit joined an increasing number of federal courts applying a broad interpretation of the degree of harm required to satisfy Article III standing and expanding the holding of last summer’s Spokeo, Inc. v. Robbins, 136 S. Ct. 1540 (2016).

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CyberSecurity News: Spokeo, Galaria and Braitberg

Two Courts of Appeals have issued decisions during the past week related to cybersecurity and data retention which anyone who maintains electronic data and personal information should read.

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Title Isn’t Everything: Sixth Circuit Taps Jury to Decide Keller’s FLSA Fate

Albeit seemingly self-evident, Keller v. Miri, 781 F.3d 799 (6th Cir. 2015), serves as a renewed caveat that title isn’t everything: merely designating workers as independent contractors is not sufficient to avoid Fair Labor Standards Act obligations.  In this recent Sixth Circuit decision, the Court reversed the district court, finding sufficient and genuine issues of material fact that entitled a jury to decide whether a satellite dish installer qualified for overtime and minimum wage protections under the FLSA. 

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