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Michael J. Zbiegien, Jr.

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Mike has represented companies in nation-wide class actions, including matters related to the Fair Credit Reporting Act, consumer issues, employment issues, and insurance rates. In addition, Mike has experience in disputes related to technology issues, such as IT architecture, intellectual property, social media and cybersecurity issues. Mike also represents businesses and individuals in lawsuits related to contract disputes, mergers and acquisitions disputes, noncompete agreements and restrictive covenants, business valuation disputes, UCC issues, and commercial leases.

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With Cyber Monday 2024 in the rear-view mirror, we are looking at one of the hot topics in data-privacy and cybersecurity litigation: the Video Privacy Protection Act. 

Recent years have seen an uptick in lawsuits asserting violations of the VPPA by companies that host video content on websites or mobile apps and then share information about the individuals who watched those videos with other businesses. 

While the companies have experienced some success in getting VPPA claims dismissed, the Second Circuit recently reinstated a putative class action asserting VPPA violations against the NBA that may breathe new life into VPPA claims. Salazar v. National Basketball Association, No. 23-1147 (2d Cir. Oct. 15, 2024). But is the worry about VPPA class actions overblown?Continue Reading Video Privacy Protection Act Claims – Maybe Not a Slam Dunk After All

With the rise in remote work, not to mention better technology, many employers have begun using apps and other services to monitor employees’ activities to track, assess, and evaluate workers. The Consumer Financial Protection Bureau (CFPB) recently issued a Circular stating that employers’ use of the reports generated by those apps and services may be subject to the Fair Credit Reporting Action (FCRA) just like a traditional employee background check.

The FCRA regulates the use of consumer reports for employment and other purposes. A criminal background check of a potential employee that is obtained from a third party is a typical consumer report. To be clear, the FCRA does not prohibit the use of such reports, but rather triggers a series of protections for the employee. And it applies both during the hiring phase and while the employee is working for the employer.Continue Reading Whatcha Watching? The CFPB’s Recent Guidance on Employer Monitoring

The Seventh Circuit’s ruling in Remijas v. Neiman Marcus Group, LLC may have removed a substantial hurdle for data-breach class actions (as we previously discussed) by holding that “injuries associated with resolving fraudulent charges and protecting oneself against future identity theft” were sufficient to confer Article III standing.  But does that ruling remove all of the major obstacles to data-breach class actions?  Absolutely not.  There are still additional daunting hurdles in a plaintiff’s path to obtaining class certification…
Continue Reading Remijas v. Neiman Marcus—Overhyped and Overblown

The Seventh Circuit may have gone a long way to opening a flood of data-breach class actions when it held that “injuries associated with resolving fraudulent [credit-card] charges and protecting oneself against future identity theft” suffice as injuries to confer Article III standing on the plaintiffs in Remijas v. Neiman Marcus Group, LLC. 

Standing (whether a plaintiff has suffered an injury the courts will recognize) has historically proven to be a substantial hurdle to plaintiffs seeking to bring class…
Continue Reading Data Breach Class Actions — Time to Reassess Your Exposure?

Theft or accidental loss of a laptop, thumb drive or other device is “[t]he single most common way that protected health information is compromised.” And while violating the Health Insurance Portability and Accountability Act’s Privacy and Security Rules can result in million-dollar fines, HIPAA does not provide for a private right of action. So when an employee of Alere Home Monitoring Inc. had a company laptop containing patients’ medical information stolen out of her car in 2012, plaintiffs filed…
Continue Reading Healthcare Home Monitoring Company Avoids FCRA Liability Over Stolen Laptop