On August 7, 2024, the New York Supreme Court, Appellate Division, Second Department issued a decision of note under the New York anti-SLAPP Law. Nelson v. Ardrey, 2024 NY Slip Op 04147. The Court’s decision followed rulings by other courts to conclude that Facebook and similar social media platforms constitute public forums under the Law (Civil Rights Law §§ 70-a, 76-a). As to the merits of the claim presented, the court ruled that the particular Facebook posts - which accused the plaintiff of sexual abuse - were not encompassed by the anti-SLAPP Law because they concerned purely private matters and were addressed to a small audience.

In a June 12, 2024, guidance document, the U.S. Treasury Department’s (“Treasury”) Office of Foreign Assets Control (“OFAC”) announced a new interpretation that significantly expands its authority to impose secondary sanctions on Foreign Financial Institutions (“FFIs”).

Adding to a growing body of Texas case law favoring federal preemption for transportation brokers, U.S. District Judge Andrew Hanen of the Southern District of Texas issued an order this week dismissing state law negligence claims against a broker in Farfan v. Old Dominion Freight Line, Inc., Case No. 4:23-cv-03470, Southern District of Texas, Houston Division (August 12, 2024).

In G.T., et al. v. Samsung Electronics America, Inc., et al., No. 21-CV-4976, 2024 WL 3520026 (N.D. Ill. July 24, 2024), an Illinois federal judge dismissed claims brought under the Illinois Biometric Information Privacy Act (“BIPA”). The decision is significant because it narrows the scope of conduct and data that can expose a business to liability under the statute. The decision is particularly important for companies engaged in technology design, sales, or licensing, especially those that do not handle or store any ‘biometric’ data generated by customer use.

Illinois Gov. J.B. Pritzker signed S.B. 2979, the “BIPA Amendment,” into law on Friday, August 2, 2024. The long-awaited BIPA Amendment is effective immediately, and should bring welcome relief to those doing business in the State of Illinois. 

A recent Delaware Court of Chancery decision is required reading for anyone who wants to know the requirements for validly transferring a member’s interest in an LLC, for example, upon death or bankruptcy of a member.

On July 31, 2024, in a long-awaited decision written by Justice Elizabeth Welch, the Michigan Supreme Court ruled by a 4-3 margin in Mothering Justice et al. v. Attorney General that a pair of citizen-initiated ballot proposals – the Improved Workforce Opportunity Wage Act (the “Wage Act”) and the Earned Sick Time Act (“ESTA”) – will go into effect on February 21, 2025, as they were initially proposed by the citizens of Michigan and adopted by the Legislature in 2018.