June

"Class actions alleging technical violations of the FCRA against employers who obtain consumer reports on job applicants are all the rage, generating large settlements and headlines. Perhaps bucking this trend, a federal judge in California recently dismissed a putative class action case in its infancy against Paramount Pictures Corporation. The plaintiff, Michael Peikoff, alleges Paramount breached the FCRA by procuring a consumer report without making the required disclosure. The court found that even if Paramount's disclosure did not strictly comport with FCRA's requirement, ""it is not plausible that Paramount acted in reckless disregard of the requirements of the FCRA by using this language."" The court granted Paramount's motion, and dismissed Peikoff's complaint with prejudice."

"Virginia Governor Terry McAuliffe has issued Executive Order #41, thereby adding Virginia to the growing list of jurisdictions (including California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico, Rhode Island, Washington, D.C., and more than 100 cities and counties) that have ""banned the box"" and excluded and|or limited the use of criminal background checks in hiring for certain jobs.

While Executive Order #41 does not currently impact private employers, Virginia employers should begin evaluating whether the use of criminal background information for employment purposes is appropriate for their organizations, including whether the benefits of such practices are worth the risks in the current political environment."

"A proposed overhaul of the country's primary law protecting student-data privacy is being circulated for feedback, offering yet another sign of the federal government's interest in reshaping the legislative landscape around this hot-button issue.

The ""discussion draft"" of a bill that would rewrite the Family Educational Rights and Privacy Act, or FERPA, was released by the bipartisan leadership of the Education & the Workforce Committee of the U.S. House. The bill is intended as a potential complement to-not replacement for-the pending Student Digital Privacy and Parental Rights Act, championed by the White House."