Dykema

We serve clients around the world from our 13 strategically situated offices in Michigan, Illinois, Washington, D.C., Texas, California, and Minnesota. Through our practice management structure and our focused Industry Groups, we know and understand the industries in which our clients compete, from Automotive to Energy, from Hospitality and Gaming to Financial Institutions. Bottom line, we are attuned to the latest industry trends that affect our clients’ businesses, enabling us to provide counsel that is comprehensive, insightful and cost-effective.

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Dykema Labor & Employment Law Blog

Homeostasis

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NextGen Financial Services Report

The Firewall

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Latest from Dykema

The Firewall

Technology Defendants Continue to Test Whether the Illinois BIPA Law Can Cope with Modern Facial Recognition Technology

By Matthew T. Hays

December 6, 2019

Passed in 2008, the Illinois Biometric Information Privacy Act (BIPA) regulates collection of biometric markers such as fingerprints or facial metrics. Since its passage, the Illinois BIPA has been used to restrict technology giants and their use of users’ personal information, particularly photographs. To understand the scale of this, Facebook reported in a 2013 whitepaper that its users have uploaded more than 250 billion photos. It was estimated in 2017 that the total number of…

Cannabis Law Blog

Prohibiting Recourse to Receivership or Bankruptcy for Cannabis Industry Can Perversely Assist Bad Actor’s Continuation of Bad Acts—A Real Life Analogy

By Sheryl L. Toby

December 5, 2019

Currently there are no clear laws specifically addressing the means for addressing insolvency issues for debtors and creditors involved in the Cannabis industry. Like the industry itself, the laws are evolving. Using a Cannabis grower business as an example, at this time the Federal Court system is not available to address such entities insolvency issues. Even if state courts are theoretically willing to consider a receivership proceeding, without statutory protections or clarity addressing the licensing…

Homeostasis

Health Care Industry Employers Time to Redouble Efforts to Avoid Claims of Disability Discrimination (Part 1)

By Melvin J. Muskovitz

December 2, 2019

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities. Title I of the ADA covers employment by private employers with 15 or more employees as well as state and local government employers of the same size. The ADA protects a qualified individual with a disability from discrimination or harassment based on disability, and also provides that, absent undue hardship, a qualified individual with a disability is entitled…

The Firewall

‘Tis the Season to Be on Heightened Alert: FBI Warns of Targeted Cyber Attacks

By Cinthia Granados Motley, Dante A. Stella & Matthew M. Dybas

November 26, 2019

Hackers delight in targeting U.S. companies during the holiday season triggering a year-end spike in cyber-attacks, with Carbon Black reporting a 57.5 percent increase in attempted cyber-attacks during past holiday seasons. This year we can expect that threat actors across the globe will remain online throughout the holiday season, looking to capitalize on the distraction of the holidays and the increased internet traffic that comes with online holiday shopping. Accordingly, now, more than ever, companies…

NextGen Financial Services Report

OCC Seeks Comment as Part of New Rulemaking to Clarify “Valid When Made” Doctrine

By Lauren E. Quigley

November 26, 2019

On Monday, November 18, 2019, the Office of the Comptroller of Currency (“OCC”) announced that it is seeking public comment on a proposed rule to clarify the “valid when made” doctrine in the wake of a decision from the United States Court of Appeals for the Second Circuit, Madden v. Midland Funding, that undermined and largely rejected it. The Notice of Proposed Rulemaking (“NPRM”) can be found here. This rulemaking could restore certainty…

Cannabis Law Blog

More FDA Warning Letters for CBD Sellers

By David P. Graham

November 26, 2019

On November 25, 2019 the FDA sent 15 more warning letters to CBD product manufacturers and sellers regarding the content and labeling of their products. For the most part, the warnings relate to claims made about the products which the FDA concludes make the products new drugs because they claim to cure or prevent a disease. Some of the claims include: “CBD relieves pain and inflammation.” “Studies show that CBD prevents human experimental sycosis and…

The Open Road Automotive Law Blog

Preparing Now for the Road Ahead

November 25, 2019

Virginia may not be a state many people associate with autonomous technology, but it has quickly become an attractive locale for developers of this technology. Several autonomous technology companies have recently seen great advancements in the implementation of their technology in Virginia. WING, for example, a sister company of Google, recently celebrated its first successful aviation delivery of commercial products in Christiansburg, Virginia. The company, which has partnered with Walgreens and FedEx, uses drones to…

The Firewall

Understanding Regulation of Cookies

By Dante A. Stella

November 21, 2019

Cookies are the subject of much discussion in data regulation. If you visited a website that complies with the European General Data Protection Regulation (GDPR), you have seen the usual cookies popup. Maybe you wondered why this is necessary. At a basic level, the use of cookies is regulated by GDPR and the California Consumer Privacy Act (“CCPA”), and concerned site owners. Conventional knowledge (and in many cases practice) is that cookies should be disclosed—and…

The Firewall

Facebook Seeks Post-Spokeo Review of Biometric Privacy Class Action

By Sean C. Griffin

November 20, 2019

In a ruling with implications for data privacy litigation nationwide, the Ninth Circuit recently stayed its decision allowing a biometric privacy class-action suit to proceed against Facebook, thus permitting the social media company to appeal the decision to the Supreme Court. The outcome of Facebook’s appeal could affect the law of standing with respect to data privacy litigation. The lawsuit arose from Facebook’s “Tag Suggestions” feature, which used facial recognition technology to match known user…

Homeostasis

Resident Discharge From a Michigan HFA: A Reminder

By Andrew T. VanEgmond

November 15, 2019

In Michigan, licensed homes for the aged are a sort of regulatory hybrid, wedged in between heavily regulated skilled nursing facilities and unlicensed assisted living facilities. That middle ground is apparent in the degree to which the Michigan Department of Licensing and Regulatory Affairs (“LARA”) is involved in the facility’s relationship with its residents during discharge situations. Although a licensed home for the aged (“HFA”) is not subject to the detailed procedures for involuntary discharge…

Dykema

Dykema Blogs

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Technology Defendants Continue to Test Whether the Illinois BIPA Law Can Cope with Modern Facial Recognition Technology

Prohibiting Recourse to Receivership or Bankruptcy for Cannabis Industry Can Perversely Assist Bad Actor’s Continuation of Bad Acts—A Real Life Analogy

Health Care Industry Employers Time to Redouble Efforts to Avoid Claims of Disability Discrimination (Part 1)

‘Tis the Season to Be on Heightened Alert: FBI Warns of Targeted Cyber Attacks

OCC Seeks Comment as Part of New Rulemaking to Clarify “Valid When Made” Doctrine

More FDA Warning Letters for CBD Sellers

Preparing Now for the Road Ahead

Understanding Regulation of Cookies

Facebook Seeks Post-Spokeo Review of Biometric Privacy Class Action

Resident Discharge From a Michigan HFA: A Reminder

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