The U.S. Supreme Court has voted to hear an appeal of the Ninth Circuit’s decision in Varela v. Lamps Plus, Inc. The Supreme Court is expected to decide whether workers can pursue their claims through class-wide arbitration when the underlying arbitration agreement is silent on the issue.
Continue Reading SCOTUS to Review Right to Class Arbitration in Silent Agreements

In an article published in Internet Retailer on January 11, 2018, Hunton & Williams’ Insurance lawyers discuss the risks retailers face when using smartphone-reliant technology and contactless payment systems, and the insurance coverage necessary to address these potential risks.
Continue Reading Retailers’ Use of Smartphones and Contactless Payment Systems Implicates New Insurance Considerations

An insured seeking coverage for credit card fees assessed against its third-party payment processor following a data breach recently filed an appeal in the Fifth Circuit Court of Appeals. Spec’s, a liquor store chain with over 160 locations throughout Texas, suffered two major data breaches of its credit card payment system, resulting in the loss

On July 21, 2017, New Jersey Governor Chris Christie signed a bill that places new restrictions on the collection and use of personal information by retail establishments for certain purposes. The statute, which is called the Personal Information and Privacy Protection Act, permits retail establishments in New Jersey to scan a person’s driver’s license or other state-issued identification card only for eight purposes.
Continue Reading New Jersey Shopper Privacy Bill Signed into Law

On June 13, 2017, Judge Andrea R. Wood of the Northern District of Illinois dismissed with prejudice a putative consumer class action filed against Barnes and Noble. The case was first filed after Barnes and Noble’s September 2012 announcement that skimmers had tampered with PIN pad terminals in 63 of its stores and exposed payment card information.
Continue Reading Putative Data Breach Class Action Dismissed for the Third Time