Andrew Serwin

Andrew Serwin

Morrison & Foerster LLP

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First Circuit Issues Potentially Significant Ruling on Federal Video Privacy Statute’s Application to Mobile Apps

The First Circuit Court of Appeals’ recent decision in Yershov v. Gannett Satellite Information Network, Inc., — F.3d —-, Case No. 15-1719, 2016 WL 1719825 (1st Cir. Apr. 29, 2016), may carry important implications for mobile...more

7/15/2016 - Advertising Class Action Marketing Mobile Apps Personally Identifiable Information Privacy Laws Split of Authority Subscribers Video Privacy Protection Act

California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted

In a recent ruling, California’s Court of Appeal unanimously affirmed the dismissal of California’s complaint against Delta Air Lines, Inc. (“Delta”), which alleged that the company’s Fly Delta mobile application violated...more

6/9/2016 - Airline Deregulation Act Appeals Attorney Generals CalOPPA Delta Airlines Demurrers Dismissal With Prejudice Enforcement Actions Federal v State Law Application Mobile Apps Personally Identifiable Information Preemption Privacy Policy Unfair Competition Websites

Financial Services Report, Spring 2016

Why another law firm newsletter? Over ten years ago, Will Stern answered that question in the first Editor’s Note of the first Financial Services Report. Some things have changed since then—we no longer print and mail paper...more

3/9/2016 - Arbitration CFPB Credit Cards Customer Lists Cybersecurity Debt Collection DOJ EU-US Privacy Shield Fair Lending FCRA FDIC Federal Reserve FTC HMDA Mortgages OCC Payday Loans Preemption SEC TCPA Truth in Lending Act (TILA)

FDA Embraces Internet of Things: New Draft Guidance on Postmarket Cybersecurity for Medical Devices

The FDA’s recently issued draft guidance on “Postmarket Management of Cybersecurity in Medical Devices” seeks to address some of the increasing concerns that medical device providers, regulators, and consumers have about...more

3/2/2016 - Cybersecurity Draft Guidance Executive Orders FDA Healthcare Facilities Internet of Things Manufacturers Medical Devices NIST Popular

Consumer Outlooks on Privacy

Privacy is a social norm, sometimes captured in laws and regulations, which sets limits on the collection, protection, processing, and deletion of personal information. As has become increasingly clear in recent years,...more

2/4/2016 - Data Breach Edward Snowden Government Entities Identity Theft Personal Data Privacy Concerns Private Sector Surveys Transparency

Courts Defer to Individual Privacy Interests by Requiring Warrant To Obtain Cell Phone Data and Cell Site Records in Riley and...

Two recent opinions have significantly restricted the practice of warrantless collection of data stored on cell phones or by cell phone service providers. In Riley v. California the U.S. Supreme Court confirmed that a warrant...more

7/31/2014 - Cell Phones Mobile Devices Riley v California SCOTUS Search Warrant Warrantless Searches

Worn on the Sleeve

Watches that monitor sleep quality. Skullcaps that gauge head injury. An infant bodysuit that sends temperature and breathing updates to a mobile device. Ear buds that track your heart rate. These are just some of the...more

7/30/2014 - Google Glass HIPAA Popular Privacy Concerns Retailers Smartphones Wearable Technology

California Appellate Court Requires Actual Viewing of Confidential Information in Data Breach Case Under the California Medical...

In a case against Sutter Health involving records from a stolen office computer, the California Court of Appeal recently issued a decision limiting plaintiffs’ ability to state a claim and obtain statutory damages under the...more

7/25/2014 - Appeals CMIA Electronic Medical Records Medical Records Patient Confidentiality Breaches Patient Privacy Rights Sutter Health

Calif. Case Limits Health Care Data Breach Claims

The California Court of Appeal recently limited plaintiffs’ ability to state a claim under the California Medical Information Act (CMIA), Cal. Civ. Code §§ 56 et seq., and their ability to get statutory damages under the act....more

12/3/2013 - Data Breach Data Protection Healthcare PHI

Think You’re Not Covered by HIPAA? Think Again.

The Department of Health and Human Services recently amended the Health Insurance Portability and Accountability Act regulations (“HIPAA Rules”) in a way that may make many companies, particularly those in the technology...more

6/6/2013 - Business Associates Covered Entities Data Protection HHS HIPAA PHI

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