03.29.2023NJ Appellate Division Rules Former Employee’s Cell Phone Records & Private Social Media are Not So Private AfterallOn March 16, 2023, in a published decision in Norma Davis v. Disability Rights New Jersey, the New Jersey Appellate Division ruled that a former employee’s private social media accounts and personal cell phone records are relevant and discoverable to defend against a claim of wrongful termination in violation of the New Jersey Law Against Discrimination (NJLAD), where the former employee claims the employer’s conduct subjected them to severe emotional distress.
11.01.2022Defending Against The Rise Of Cyberattacks In Real EstateFirm Partner and Privacy & Cybersecurity Practice Lead Harris S. Freier, Esq. recently penned an article for Real Estate NJ entitled, "Defending Against The Rise Of Cyberattacks In Real Estate."
10.03.2022DoorDash Hacker Incident Illustrates Third-Party Vendor Risks and Potential VulnerabilitiesHackers have increasingly focused on third-party vendors as avenues to data held by associated businesses. On August 25, 2022, DoorDash announced that it had experienced a data breach which impacted the personal information of certain customers and drivers. Unfortunately, DoorDash is not alone in experiencing the security risks linked to many third-party vendors.
09.12.2022Potential Harm Enough For Class Action to Proceed in Data Breach Litigation The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark Web. In February 2021, the District Court for the Eastern District of Pennsylvania dismissed her case for lack of standing, due to the “speculative nature” of the injuries to the employees. However, on September 2, 2022, the United States Court of Appeals for the Third Circuit vacated the judgment of the District Court, and remanded the case for consideration on the merits (a fresh examination of the evidence and facts presented), giving the potential class of plaintiffs a new chance for relief.
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