A recent decision from the Third Circuit suggests that the leak of information onto the Dark Web provides standing to class action plaintiffs in data breach litigation. In Clemens v. ExecuPharm, Inc., 48 F.4th 146 (3d Cir. 2022), the Defendant employer suffered a data breach that permitted a ransomware gang to steal sensitive information
Devin Chwastyk
U.S. Supreme Court Emphasizes Need to Couple IT Safeguards with Written Policies to Safeguard Confidential Data
By Devin Chwastyk on
Posted in Workplace Privacy, Workplace Trends
This post was authored by Devin Chwastyk and Frank Lavery, II. Devin is the Chair of the Privacy & Data Security group at McNees. Frank is a Law Clerk with McNees. Frank is currently a student at the University of Notre Dame Law School and expects to earn his J.D. in May of 2022.
On…
Pa. Wiretap Laws Forbid Use of Smart Phone Apps to Record Conversations
By Devin Chwastyk on
Posted in Social Media
The Pennsylvania courts have delved into the “App Store,” addressing for the first time the use of smartphones and their applications in the context of illegal wiretapping.
Pennsylvania’s Wiretap Act forbids the “interception” of private conversations using an “electronic, mechanical, or other device,” unless all of the participants consent to that recording. State laws like…
Third Circuit Rules That Drivers Of Vehicles Weighing Less Than 10,000 Pounds Must Be Paid Overtime Under FLSA
By Devin Chwastyk on
Posted in Wage & Hour
In a new decision, the first on the subject by a federal appellate court, the Third Circuit has ruled in McMaster v. Eastern Armored Services Inc. that drivers who spend a portion of their work driving “covered” commercial motor vehicles (those over 10,000 pounds) and non-covered (those under 10,000 pounds) do not fall within the…