Privacy Lessons Learned from Litigation: The unfair and deceptive practices lawsuit against Zoom

Yet another privacy and data security-related lawsuit has been filed against Zoom Video Communications, Inc. (“Zoom Inc.”). Zoom Inc. has been the subject of several complaints related to its video-conferencing service since its meteoric and spectacular rise in popularity due to the Coronavirus pandemic and related quarantine measures beginning in March 2020. In this particular case, there are compliance lessons to be learned from the unfair and deceptive practices claims alleged against Zoom Inc. in the plaintiff’s D.C. Superior Court filing.

The NEPA: Environmental Impact Statements, Compliance, and an Impending Threat to Environmental Regulation

On March 25, 2020, a judge for the United States District Court in the District of Columbia held that the Army Corp of Engineers (hereinafter the Corp) failed to comply with the standards of the National Environmental Policy Act (hereinafter “the Act”) by failing to prepare an Environmental Impact Statement (EIS) before deciding to approve federal permits for construction of a portion of the Dakota Access Pipeline which ran under the Mississippi River.  The ruling came four years after the Standing Rock Sioux Tribe brought the original action in 2016.  The Act is meant to ensure the public that agencies have considered the environmental consequences of a potential project before going forward with it, and so requires agencies to consider any and every significant environmental impact that could result from the project through completion of an Environmental Assessment, and, in some cases, an Environmental Impact Statement (EIS).

USPS and Delivering for America Act

On Saturday, August 22nd, the US House of Representatives voted on a new bill introduced, known as the Delivering for America Act. This legislation would prohibit the U.S. Postal Service (USPS) from making changes to operations or levels of service from those that were in effect on January 1, 2020. Specifically, the USPS may not, during the period beginning on enactment of the bill and ending on the last day of the COVID-19 (coronavirus disease 2019) public health emergency or January 1, 2021, whichever is later, implement or approve any change to the operations or the level of service that would impede prompt, reliable, and efficient services.

One Ballot, One Vote? Fears Amass Surrounding Mail-in Voting in 2020 Election

Mail-in voting has been in the forefront this election season due to persistent COVID-19 concerns. Tensions exist between those who claim that mail-in voting is a safe and valid alternative to in-person voting and those who argue that it will lead to widespread voter fraud and inaccurate election results. Illinois was recently front and center in this national discussion when a Facebook post went viral, asserting that an Illinois couple who received multiple ballot applications could submit them all and vote multiple times without anyone knowing. Far from true, such misconceptions have many questioning how states will monitor mail-in voting to ensure that it remains an effective option in this crucial election.  

Financial Regulation During COVID-19

Coronavirus (COVID-19) has shaken the world economy, not the least of which the financial industry.  As the financial industry has adapted to work-from-home life under the coronavirus pandemic, industry regulators such as the SEC and the Financial Industry Regulatory Authority (FINRA) have been forced to adapt rules to changing circumstances and shift their enforcement priorities to pandemic related fraud. 

The Patchwork Paradox: Data Privacy Regulation and the Complications of Compliance

This spring I had the pleasure of attending a conference entitled Digital Platforms: Innovation, Antitrust, Privacy & the Internet of Things hosted by the UIC John Marshall Law School Center for IP, Information & Privacy Law. Throughout the day, panelists spoke about various topics of intellectual property, including artificial intelligence antitrust issues, and more. But for me, the highlight of the afternoon was the session on privacy issues. Here is a bit of what I learned…

Standardization and Cooperation Needed to Fix Crumbling Infrastructure

Northeastern Michigan was already facing a pandemic on May 19 when a breach in the Edenville dam forced 10,000 residents to flee their homes in the face of deadly floodwater. The dam failure elevates the need for state and federal regulators to standardize regulations and collaborate on their enforcement to prevent similar incidents. 

The Road to Regulation

The implications arising from fuel consumption and greenhouse gas emissions standards set by the Environmental Protection Agency (“EPA”) and the Department of Transportation (“DOT”) in the early 2010s spelled out a cautionary tale for automotive manufacturers wondering how to comply with increasingly strict regulations.

DEA Proposes New Rules Aimed to Increase Federal Cannabis Research

On Monday March 24, the Drug Enforcement Agency (DEA) proposed amending the rules under the Controlled Substance Act to expand cannabis research in accordance with a 2016 policy statement. Among these changes includes directing the DEA to take title and physical possession of cannabis plants and increasing the number of entities permitted to manufacture cannabis for research.

Regulatory Shortcuts Taken in Creation of 737 Max Jets

Boeing’s fleet of 737 Max jets remain grounded in the wake of two crashes that occurred shortly after takeoff and within five months of each other. Both crashes killed all passengers on board, a total of 346 people, and the jets’ black box data recorders have revealed many similarities between the two incidents. Both jets were equipped with Boeing’s newly implemented stall-prevention software called the Maneuvering Characteristics Augmentation System (MCAS). The system automatically adjusts the pitch of the aircraft, but it malfunctioned in both crashes when MCAS seized control from the pilots and plunged the jets into the ground. The Federal Aviation Administration (FAA) has not yet announced when these jets will be allowed to fly again, although test flights have recently been conducted.