Adam Fleisher

Adam Fleisher

Morrison & Foerster LLP

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Digital Advertising Alliance Focuses on Mobile Ads

As more users spend more time on their mobile devices, advertising dollars are following. And the compliance regime that governs interest-based advertising (IBA) (formerly referred to as online behavioral advertising or OBA)...more

6/22/2015 - Advertising Behavioral Advertising Data Collection Digital Advertising Alliance FTC Internet Mobile Apps Mobile Devices Online Advertisements Privacy Policy

Impending Declaratory Ruling on Pending FCC TCPA Petitions Portends Stricter Enforcement

The Telephone Consumer Protection Act (TCPA), which generally prohibits certain calls to cell phones made with an Automatic Telephone Dialing System (ATDS), has created considerable compliance challenges for businesses, and...more

6/2/2015 - Advertising ATDS FCC Marketing TCPA Texting

The FTC Weighs in on In-Store Tracking. Or Does It?

In law school, everybody learns the adage that hard cases make bad law. When it comes to the Federal Trade Commission, a better aphorism might be, “easy cases make new law.” The FTC’s recent settlement with Nomi Technologies...more

5/28/2015 - FTC Mobile Devices Notice Requirements Opt-Outs Privacy Laws Privacy Policy Retail Market Retail Tracking Section 5 Unfair or Deceptive Trade Practices

What The Nomi Case Could Mean For Retail Tracking

In law school, everybody learns the adage that hard cases make bad law. When it comes to the Federal Trade Commission, a better aphorism might be, “easy cases make new law.” The FTC’s recent settlement with Nomi Technologies...more

5/20/2015 - Consent FTC Mobile Apps Mobile Devices Prior Express Consent Retailers Section 5 Web Tracking

NTIA Kicks Off Drone Privacy Best Practice Process

Federal efforts to formulate a series of rules governing the commercial use of drones, or unmanned aircraft systems (“UAS”), took another step forward on March 5, 2015, when the National Telecommunications and Information...more

3/9/2015 - Drones FAA NTIA Privacy Laws U.S. Commerce Department

Socially Aware - Volume 6, Issue 1 - January/February 2015

In This Issue: - Good Rep: Social Media Assets in M&A Transactions - Narrow Vision: Did Anti-Glass Hysteria Contribute to the Demise of Google Glass? - Forced to Cyber-Spy: Court Rules Parents Can Be Held...more

2/6/2015 - Business Assets Cloud-Based Services Contract Negotiations Facebook FTC Google Google Glass Intangible Property Minors Social Media Social Networks

Increasing Focus in Washington on Drone Privacy Issues

As we await Federal Aviation Administration (“FAA”) proposed rules regarding the operation of drones that weigh less than 55 pounds, other parts of the federal government appear poised to scrutinize the privacy issues...more

1/26/2015 - Airspace Barack Obama Commercial Use Data Collection Drones Executive Orders FAA Privacy Concerns Proposed Regulation Rulemaking Process Unmanned Aircraft Systems

FTC Enforcement Action Confirms That Ad Disclosure Obligations Extend to Endorsements Made in Social Media

The Federal Trade Commission (“FTC”) has once again made good on its promise to enforce against deceptive advertising under Section 5 of the FTC Act, regardless of the media in which the advertising appears: its recently...more

12/3/2014 - Advertising Disclosure Requirements Endorsements Enforcement Actions FTC Social Media User-Generated Content

FTC Comments on the CFPB’s Foray into Mobile Financial Services, Emphasizing Its Extensive Consumer Protection Efforts in the...

Earlier this month, the Bureau of Consumer Protection of the Federal Trade Commission (FTC) submitted comments to the Consumer Financial Protection Bureau (CFPB) in response to the CFPB’s June 2014 request for information...more

9/29/2014 - CFPB Consumer Financial Products FTC Mobile Apps Mobile Payments Request For Information

The Long Arm of the FCPA: Former BizJet CEO Arrested in Amsterdam, Pleads Guilty in Oklahoma

On July 24, 2014, the Department of Justice (DOJ) announced that Bernd Kowalewski, the former president and chief executive officer of BizJet International Sales and Support Inc. (“BizJet”), pleaded guilty to conspiracy to...more

7/31/2014 - Aircraft BizJet CEOs Criminal Conspiracy Deferred Prosecution Agreements DOJ Extradition FCPA Foreign National Executives Foreign Nationals

Socially Aware - Volume 5, Issue 4 - July 2014

In This Issue: - European Court of Justice Strengthens the Right to Be Forgotten - California AG Offers Best Practices for Do Not Track Disclosures; Crucial Compliance Questions Left Unanswered - Snap...more

7/11/2014 - Data Protection Do Not Track ECJ EU FTC Internet Personally Identifiable Information Privacy Policy Right to Be Forgotten SnapChat Social Media

Socially Aware - Volume 5, Issue 3 - May 2014

In This Issue: - Jerked Around? Did the FTC’s “Jerk.com” Complaint Just Turn API Terms Into Federal Law? - Which Way Is Aereo Pointing? The Supreme Court Hears Arguments in Public Performance Copyright Case - The...more

5/22/2014 - Aereo APIs Copyright FTC Internet Internet of Things Internet Service Providers Internet Streaming Investment Adviser Jerk Public Performance Rights SCOTUS Social Media VPPA

Snap Judgment: FTC Alleges Snapchat Did Not Keep Its Privacy and Security Promises, But Suggests Broad New Duty in the Process

Snapchat’s recent settlement with the Federal Trade Commission (FTC) generally provides a comprehensive but not groundbreaking roadmap to the FTC’s privacy and data security expectations in the mobile environment under...more

5/13/2014 - Cybersecurity Data Protection FTC Mobile Apps Mobile Privacy Non-Judicial Settlement Agreements Privacy Laws Section 5 SnapChat

FTC v. Jerk.com: Did the FTC’s “Jerk.com” Complaint Just Turn API Terms into Federal Law?

The Federal Trade Commission’s announcement earlier this week that it had filed a complaint against Jerk, LLC and its websites like “jerk.com” (“Jerk”) looks at first glance like a run-of-the-mill FTC Section 5 enforcement...more

4/14/2014 - Enforcement Actions FTC Jerk Unfair or Deceptive Trade Practices Websites

Jerked Around? Did the FTC’s “Jerk.com” Complaint Just Turn API Terms Into Federal Law?

The Federal Trade Commission’s (FTC) announcement earlier this week that it had filed a complaint against Jerk, LLC and its websites like “jerk.com” (“Jerk”) looks at first glance like a run-of-the-mill FTC Section 5...more

4/11/2014 - Enforcement Actions FTC Websites

The Internet of Things Part 2: The Old Problem Squared

Cisco estimates that 25 billion devices will be connected in the Internet of Things (IoT) by 2015, and 50 billion by 2020. Analyst firm IDC makes an even bolder prediction: 212 billion connected devices by 2020. This massive...more

4/3/2014 - Corporate Counsel Internet of Things Mobile Devices Young Lawyers

The Internet of Things Part 2: The Old Problem Squared

Cisco estimates that some 25 billion devices will be connected in the Internet of Things (IoT) by 2015, and 50 billion by 2020. Analyst firm IDC makes an even bolder prediction: 212 billion connected devices by 2020. This...more

3/20/2014 - Internet of Things

The Internet of Things Part 1: Brave New World

The Internet of Things (IoT) is the network of everyday physical objects which surround us and that are increasingly being embedded with technology to enable those objects to collect and transmit data about their use and...more

3/20/2014 - Internet of Things Technology

Socially Aware - Volume 5, Issue 1 - January/February 2014

In This Issue: FFIEC Issues Final Guidance on Social Media Usage by Financial Institutions; Uncovering a Line in the Sand: Employee Social Media Use and the NLRA; Website Operators Await Final Guidance Regarding...more

2/3/2014 - Disclosure Do Not Track FFIEC First Amendment Mobile Apps NLRA NLRB Privacy Policy Social Media

Socially Aware - Volume 4, Issue 2 - December 2013

In This Issue: Peering Into the Future: Google Glass and the Law; Ownership of Business-Related Social Media Accounts; Two Circuits Address the First Amendment Status of Facebook Activity; Collaborative Consumption –...more

12/23/2013 - Advertising Behavioral Advertising First Amendment Google Google Glass Internet Technology Terms of Use

FTC Expands Reach on Conspicuousness of Privacy Disclosures in Settlement with Android Flashlight App

An FTC settlement with a mobile app over its privacy disclosures alleged to be deceptive may seem to be run-of-the-mill. After all, the FTC has been settling cases for years with companies whose data collection and use...more

12/9/2013 - Android Disclosure FTC Mobile Apps Privacy Policy

A Warning for Websites Allowing Data Collection for Online Behavioral Advertising

The Better Business Bureau’s Online Interest-Based Advertising Accountability Program (“the Accountability Program”) issued its first ever compliance warning on October 14, a move that is intended to clarify the obligations...more

10/31/2013 - Advertising Behavioral Advertising Data Collection Digital Advertising Alliance Notice Requirements Personally Identifiable Information

“Do Not Track” Comes to CalOPPA

California’s AB 370, if signed by Gov. Jerry Brown, would be the first piece of legislation in the world directly addressing “do not track” (“DNT”) to become law. It has passed both houses of the California Legislature and...more

9/4/2013 - Breach Notification Rule CalOPPA Cybersecurity Data Protection Disclosure Requirements Do Not Track Jerry Brown New Legislation Privacy Laws Privacy Policy Warrantless Tracking

SEC to Broker-Dealers: More Oversight, Fewer Madoffs?

The Securities and Exchange Commission (SEC) published a Final Rule last week amending certain annual reporting, audit, and notification requirements for broker-dealers in the broker-dealer reporting rule (Rule 17a-5) and the...more

8/8/2013 - Audits Bernie Madoff Broker-Dealer Dodd-Frank Fraud PCAOB SEC

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