Article Published in ABA LITIGATION NEWS, Summer 2019
Growing Patchwork of Biometric Privacy Laws
Court lowers bar for standing, interpreting “aggrieved person” broadly
by Kristen L. Burge
Fingerprints, retinal scans, and facial recognition software offer additional security measures and efficiency for consumers. But unlike a password or barcode, biometric identifiers cannot be changed in the event of a breach. As businesses gravitate toward biometrics, states grapple with how best to protect individuals’ biometric privacy. Illinois was the first to enact a comprehensive framework regulating the collection, use storage, and disclosure of biometric information the Biometric Information Protection Act (BIPA). To date, it is also the only biometric privacy statute to grant “aggrieved persons” a private cause of action. […]
Article Published in USLAW Magazine, Spring 2019
A Solution in Search of a Problem: Discord Over Proposed Changes to Corporate Depositions
by Keith McDaniel & Kristen Burge
At some point, your corporate client will face a notice for a corporate deposition. Federal Rule 30(b)(6), which governs these depositions, is primed for its first substantive change in nearly 50 years. The proposed amendments will affect organizations of all sizes, in all industries, and in all aspects of litigation. Therefore, it is important to understand the implications of the rule and the potential opportunities to level the playing field should the amendment pass as expected. Read Article
Anne Wittmann v. Unum Life Insurance Company of America
On February 22, 2019, the U.S.D.C. for the Eastern District of Louisiana granted summary judgment in favor of Unum Life Insurance Company of America in a suit for long-term disability benefits under an ERISA plan. The plaintiff, Anne Wittmann, was an attorney employed by Baker Donelson who claimed that she could not work due to pain and an inability to concentrate associated with fibromyalgia. Unum was represented by Lauren A. Welch of McCranie Sistrunk Anzelmo Hardy McDaniel & Welch LLC and Wittmann was represented by Rachel W. Wisdom of Stone Pigman Walther Wittmann LLC.
Unum did not […]
Circuit Split on Data Breach Standing
Your Data Was Stolen, But Not Your Identity (Yet)
by Kristen L. Burge
Cyberattack victims can sue data custodians despite not suffering actual identity theft. In determining the plaintiff’s standing, a growing majority of circuit courts now turn to the nature of stolen data to determine whether the victims experience a “substantial risk” of identity theft.
The U.S. Court of Appeals for the Federal Circuit joined the majority approach – followed by the Sixth, Seventh, and Ninth Circuits – holding that victims alleging personal data theft, including medical identification numbers, […]
2015 Over the Edge
On December 4th, 2015 Special Olympics Louisiana held its annual “Over the Edge” fundraiser. Participants RAPPELED down 25 stories of NOLA’s Benson Tower, RODE in a helicopter and SWAT trained with Louisiana’s finest at the Jefferson Parish Sheriff’s Training Facility. Devin Fadaol and Bartt Bourgeois participated in the activities for the firm; additionally, the firm manned several volunteer positions under the guidance of Shannon Hanken, the firm’s administrator and a Special Olympics Louisiana committee member. The firm is a regular sponsor of Special Olympics Louisiana and is proud of what […]
“Over the Edge”
Attorney Devin Fadaol and staff member Bartt Bourgeois will be rappelling down Benson Tower on Friday, December 4, 2015 for Special Olympics Louisiana’s fund raiser, “Over the Edge”.
Other staff members have volunteered to work to support this fund raiser for Special Olympics Louisiana.
The Defense Wins!
(Article published in DRI’s The Voice of the Defense Bar)
On Saturday, June 6, 2015, a jury in Clinton, Louisiana, returned a defense verdict for Ford Motor Company following a nearly 2-week long trial in an airbag non-deployment case involving fatal injuries. In reaching the verdict, the jury rejected plaintiff’s allegation that Ford defectively designed the supplemental restraint system in a 1995 Ford Mustang. Ford was represented at trial by Keith W. McDaniel and Quincy T. Crochet, of […]
FDCC Quarterly, Volume 64.4
Sidney Hardy published in FDCC Quarterly, Volume 64.4. Protecting Intellectual Property and Trade Secrets in the United States Read article