On April 24, 2020, the U.S. Court of Appeals for the Seventh Circuit held in Bryant v. Compass Group USA, Inc. that plaintiffs lack standing to assert in federal courts claims arising under Section 15(a) of the Illinois Biometric Information Privacy Act (BIPA) for failing to develop a publicly available policy for the
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Think twice before hitting “record”
It is simple enough: press record and you can easily share your internal video conference call, re-watch it later, or forget it and move on. You move on until you receive a discovery request or a subpoena for information if the company is sued. Now, your internal video call is discoverable and may be seen…
Q1 2020 drone law update
This is the first quarterly blog post identifying U.S. drone law developments of interest in the legislative, executive and judicial branches, on both the federal and state levels.
U.S. Congress
On Feb. 10, 2020, the U.S. House of Representatives passed the Protecting Critical Infrastructure Against Drones and Emerging Threats Act (H.R. 4432). The act would…
A BIPA lawsuit! Do we have coverage? Understanding West Bend Mutual v. Krishna
Companies doing business in Illinois are keenly aware of the recent flood of lawsuits alleging violations of the Illinois Biometric Information Privacy Act (BIPA). They know that BIPA lawsuits can be costly to defend. And they understand that if they are found to have mishandled the retention, collection, disclosure or destruction of biometric information, they…
UPDATE: Kawhi Leonard debuts new shoe amid logo dispute
NBA star Kawhi Leonard debuted his new signature shoe during the 2020 NBA All-Star game on Feb. 16 in Chicago. The shoe from New Balance noticeably does not include the so-called “KL2” or “Klaw” logo because of Leonard’s ongoing legal dispute with Nike, Inc.
Rick Mescher explained Leonard’s lawsuit filed against Nike regarding that logo…
What college student-athletes should be thinking about now before NCAA name, image and likeness rules are released
On October 29, 2019, the NCAA Board of Governors unanimously decided to allow college student-athletes the opportunity to profit for the use of their name, image and likeness. The Board directed the NCAA’s three divisions to consider updates to their rules and regulations to effectuate such a decision. The NCAA announced the decision on the…
Consumer privacy protection in recent state legislation
Special thanks to Emily Cunningham, Porter Wright law clerk, for her assistance on this article.
Since California passed the California Consumer Privacy Act (CCPA), many states have introduced similar consumer data privacy legislation, but so far only Maine and Nevada have passed legislation successfully. Nevada focuses on internet website operators, whereas Maine focuses on broadband internet…
Status of CBD products under Ohio law: Update
In our recent post, Status of CBD products under Ohio law: Part one, we discussed the perplexing regulations in Ohio that made it effectively illegal to sell hemp and Cannabidiol (CBD) despite passage of the Agriculture Improvement Act of 2018, otherwise known as the 2018 Farm Bill. That landscape has now changed in Ohio with…
Kawhi Leonard v. Nike, Inc.: Copy, derivative work or distinct work?
By Rick Mescher
On July 17, 2019, Nike, Inc. (Nike) filed its Answer and Counter Claims in response to the complaint previously filed by Kawhi Leonard, now of the Los Angeles Clippers. Read about the complaint in our previous post, Kawhi Leonard v. Nike Inc.: How copyrights can trump trademarks?
In its Answer, Nike asks for a declaration…
The GDPR: A year in review
On May 25, 2018, the General Data Protection Regulation (GDPR) became effective across the European Union. The GDPR is a regulation designed to give EU residents control over their personal data and simplify the regulatory framework for international organizations doing business in the EU. In its infancy, it was not entirely clear how the GDPR…