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Data Breach Notification, Helpful or Harmful?

Some IT professionals are debating whether they would issue a data breach notification in the event of a hack. Their rationale is that such a notification makes them a target for other hackers and that most of the incidents...more

8/14/2014 - Breach Notification Rule Data Breach Data Protection

Cybersecurity: Having a Privacy Policy is Not Enough

With the rash of significant data security incidents that occurred in 2013 and have continued to this day, it is increasingly important for companies to have an updated cybersecurity preparedness plan. The World Economic...more

7/2/2014 - Corporate Governance Cybersecurity Data Breach Data Protection EU NIST Privacy Policy Risk Mitigation SEC

Now You See Me, Now You Don’t

The European Union recently decided that people have a right to be forgotten. The “right to be forgotten” provides Internet users in Europe the advantage to demand the erasure, removal or deletion of sensitive personal...more

6/13/2014 - Data Protection EU EU Data Protection Laws Google Right to Be Forgotten Right to Privacy Search Engines

Are You Getting The Most Bang For Your Buck With Online Advertising?

Online advertising is unavoidable for most businesses given that large percentage of Americans spend a significant amount time in a day staring at a computer screen or glued to their mobile devices. Video ads, for example,...more

5/30/2014 - Advertising Online Advertisements

Has Jurisdiction Been Taken for Granted

Will the US Supreme Court’s decision in Daimler A.G. v. Bauman affect where a plaintiff can sue a defendant for trademark infringement? In general, plaintiff’s prefer to sue defendants in their backyard. Specific jurisdiction...more

4/25/2014 - DaimlerChrysler DaimlerChrysler v Bauman Jurisdiction SCOTUS Trademark Litigation Trademarks

U.S. Government Issues Cybersecurity Standards

The U.S. government released a final version of standards intended to help companies better defend against cyber attacks. The question remains whether the private sector will voluntarily adopt these measures. The standards...more

2/18/2014 - Cybersecurity Cybersecurity Framework NIST

Restarting the Federal Data Privacy Law Engine

The recent data security breaches at Target, Niemen Marcus, and a few other retailers has been a catalyst to Congress restarting talks about a federal data privacy law. Currently, there are pending bills in both the House and...more

1/28/2014 - Cybersecurity Data Protection Data Theft FTC Neiman Marcus Privacy Concerns Target

Updated Data-Security Standards for Credit-Card Transactions

New security standards are scheduled to be released by the PCI Security Standards Council on November 7th. The updated standards are expected to require companies to protect credit-card terminals from physical tampering and...more

10/18/2013 - Credit Cards Data Breach Data Protection PCI

Will the D.C. Circuit Delivery the Final Blow to Net Neutrality

In 2008, the FCC determined that Comcast wrongfully slowed down the BitTorrent website to keep other Web traffice flowing. In 2010, the D.C. Circuit ruled in Comcast’s favor and held that the FCC cannot regulate how networks...more

9/19/2013 - FCC Internet

Is It Time To Add Cyber Security Insurance?

A recent study found that 31% of companies have cybersecurity insurance policies, while 39% planned to purchase a policy in the future. Ponemon Institute, a data privacy and cybersecurity research firm, found that 70% of...more

8/29/2013 - Cybersecurity Data Breach Data Protection Insurers

Privacy and Mobile Applications

If you develop or have a mobile application and think the limited space of mobile devices gives you a pass on privacy disclosures, think again. The Federal Trade Commission – the nation’s Chief Privacy Agency – believes it is...more

7/24/2013 - Data Collection FTC Mobile Apps Mobile Devices Privacy Laws Smartphones Transparency

Privacy Compliance = Transparency

Do you think that asking for a person’s zip code could ever result in a privacy violation? If your answer is no and you are collecting information from a resident of the District of Columbia, think again....more

6/27/2013 - Compliance Data Collection Data Protection Personally Identifiable Information ZIP Codes

The World Through the Eyes of the Trademark Office

Recently, the Eighth Circuit reaffirmed that a District Court is not bound by the decisions made by the Trademark Office. This holding has often lead to comments about the wisdom of addressing trademark disputes at the...more

5/30/2013 - Trademarks USPTO

Budgeting for Litigation

Now, more than ever, businesses are confined by their budgets. Long gone are the days of the blank check for many business expenses, and that includes litigation. If businesses need to live by budgets, so to should the law...more

4/25/2013 - Cost-Containment Infringement Litigation Strategies Trademarks

You Owe Me One Hundred Million Dollars

The threat of monetary damages in trademark infringement cases is something that is often asserted, but not necessarily a well understood concept. Some trademark owners mistake their federal trademark registration as a...more

4/5/2013 - Damages Economic Damages Infringement Lanham Act Trademarks

The Data Breach Lawsuit Powder Keg

Most data breaches occur because companies fail to implement adequate safeguards to protect personal identifiable information, and data breaches are growing in scope and sophistication. A study by NetDiligence concluded that...more

2/28/2013 - Data Breach Data Protection Identity Theft Personally Identifiable Information

Blinded by the Light: Privacy in 2013

More and more companies are experiencing the affects of a data security incident. Whether that incident involves an unauthorized disclosure of personal identifiable information or merely the collection of information,...more

12/27/2012 - Data Protection Personally Identifiable Information Transparency

FTC’s New Rules for Advertising Mobile Apps

The Federal Trade Commission has published a guidelines for advertising mobile applications. In general, the guidelines incorporate the FTC’s policies on truthful advertising and data privacy. On the advertising side, if you...more

11/15/2012 - Advertising FTC Mobile Apps Personally Identifiable Information

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