Litigation
In this Special Report: "Different Federal Court Approaches to Scheme Liability," "Importing BIPA to New York: Biometric Law Enforcement on the Horizon," "Can the Foreclosure Abuse Prevention Act Survive a Constitutional Challenge?" and "'Green v. Dutchess County BOCES': Clarifying Posthumous Workers' Compensation Payments."
January 09, 2023 at 01:51 PM
1 minute read
LitigationA circuit split has emerged over the scope of Lorenzo's holding, which reflects a fundamental disagreement about the relationship between scheme liability and Rule 10b-5(b).
Due to the increasing focus on biometric litigation, this article provides an overview of the Biometric Information Privacy Act, as well as existing and proposed New York law regulating biometric information.
The outcome of 'Green v. Dutchess County BOCES' provides greater certainty to the industry amid a series of confusing and unsettling decisions.
The Act arguably violates both Substantive Due Process under the Fourteenth Amendment and the Contracts Clause. Perhaps Governor Hochul did not previously sign the Act into law, despite its passage in May 2022, because of these constitutional issues, as well as other issues that plague the legislation. Needless to say, this is not the end of the story, as the Act will be litigated.
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