Chanley Howell

Chanley Howell

Foley & Lardner LLP

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FTC Case Against LabMD Dismissed Due to Lack of Harm

This past Friday the 13th was not a lucky day for the Federal Trade Commission (FTC). An Administrative Law Judge (ALJ) dismissed the FTC’s data security enforcement proceeding against LabMD on the grounds that the FTC failed...more

11/20/2015 - Data Protection Data Security Enforcement Actions FTC FTCA LabMD Popular

Europe's Highest Court Invalidates EU - U.S. Safe Harbor Data Sharing Agreement

On October 6, 2015, the European Court of Justice — Europe’s highest court — invalidated the Safe Harbor agreement and framework that has permitted more than 4,000 companies to transfer personal data from the EU to the U.S....more

10/7/2015 - Binding Corporate Rules Data Privacy Data Protection Authority Data Security EU EU Data Protection Laws European Commission European Court of Justice (ECJ) Facebook International Data Transfers NSA Personal Data Prior Express Consent PRISM Program SCC Schrems v Data Protection Commissioner US-EU Safe Harbor Framework

This Is Not Your Father's Oldsmobile: Car Hacking and the SPY Car Act

Not coincidentally, on July 21, 2015, Wired Magazine published an article with groundbreaking evidence of hacking a car wirelessly, and Senators Edward Markey (D-Mass.) and Richard Blumenthal (D-Conn.) introduced legislation...more

7/24/2015 - Auto Manufacturers Cloud Computing Cyber Attacks Cybersecurity Dashboard Data Collection Data Privacy Data Protection Data Retention Data Security FTC Hackers Internet of Things NHTSA Personally Identifiable Information Proposed Legislation Safety Standards Transparency Wireless Technology

FCC Chairman Proposes New TCPA Rules

The FCC is ready to rule on long-standing petitions seeking clarifications of the Telephone Consumer Protection Act and related FCC regulations. On May 27, 2015, FCC Chairman Tom Wheeler circulated a proposed regulatory...more

5/29/2015 - Consent Do Not Call List FCC FTC Popular Revocation Robocalling TCPA Texting Wireless Devices

Blue Pill/Red Pill: How Officers and Board Members Can Swallow the Red Pill and See the Real World of Cybersecurity

Trying to understand how a hacker thinks can twist your brain around – while you normally think about how to make something work or why something is not working, hackers think how to get something to work in ways that it is...more

5/27/2015 - Best Practices Board of Directors Corporate Counsel Corporate Officers Cybersecurity Risk Assessment Risk Mitigation Young Lawyers

Florida Passes Law Requiring Contact Information on Websites

On May 21, 2015, Florida Governor Rick Scott signed the True Origin of Digital Goods Act with bipartisan support in both the United States House of Representatives (House) and Senate. The law requires companies with websites...more

5/25/2015 - Internet Mobile Apps Music Online Videos Websites

Taking Control of Cybersecurity: A Practical Guide for Officers and Directors

Major cybersecurity attacks of increased sophistication — and calculated to maximize the reputational and financial damage caused to the corporate targets — are now commonplace. These attacks have catapulted cybersecurity to...more

5/5/2015 - Corporate Officers Cybersecurity Directors

The Auto Industry: The Next "Big" Target for Hackers?

Given the exponential rise in security breaches and hacking activity in past few years and the almost constant headlines in the press of yet another major security breach, information security should be a front burner issue...more

3/19/2015 - Auto Manufacturers Automotive Industry Big Data Corporate Counsel Cyber Attacks Cybersecurity V2V

Net Neutrality: Fatal Regulation or Neutral Impact?

On February 26, 2015, the Federal Communications Commission (FCC) voted to adopt its Open Internet Order (Order). The Order reclassifies both wired and mobile “broadband Internet access service” as a “telecommunications...more

3/5/2015 - Broadband FCC Internet Service Providers (ISPs) Net Neutrality Telecommunications Telecommunications Act

Big Data Creates New Opportunities for Health Care Entities

Big Data — the ability to collect, process, and interpret massive amounts of information — has reached health care. Technology has created new business opportunities for health care entities — covered entities, business...more

3/3/2015 - Big Data Business Associates Covered Entities Health Care Providers Healthcare Strategic Planning

Tapping Into the Big Value of Health Care Big Data

In This Issue: - Executive Summary - Improving Care by Tapping Into the Data Goldmine - Big Opportunities Available in Big Data - Government Programs Supporting the Use of Big Data -...more

3/2/2015 - Big Data Healthcare PHI Popular Regulatory Standards

Is Your Refrigerator Spying on You?

Door locks, cameras, fitness bracelets, home security, thermostats, refrigerators, utility meters, light bulbs, and cars. The list of the things and devices that can collect information about you and send it into the big...more

2/2/2015 - Cybersecurity FTC Internet Internet of Things Legislative Agendas Popular Privacy Concerns

White House Proposes Series of New Cybersecurity Laws and Initiatives

“If we’re going to be connected, we’ve got to be protected.” With those words President Barack Obama unveiled new consumer privacy legislation and new cybersecurity and privacy partnerships between the federal government and...more

1/14/2015 - Barack Obama Cybersecurity FTC Proposed Regulation Security and Privacy Controls

Some Gramm-Leach-Bliley Notices Can Now Be Posted Online

Some banks and other organizations covered under the Gramm-Leach-Bliley Act (GLBA) may now post their privacy policies online rather than having to mail them annually. Earlier this week, the Consumer Financial Protection...more

10/24/2014 - Annual Notices Banks CFPB Final Rules Financial Institutions Gramm-Leach-Blilely Act Notice Requirements Privacy Disclosures

Spotlight on Privacy in the Automotive Industry

Privacy is a hot topic these days, and the automotive industry is no exception. Connected cars, in-car location services, telematics systems, event data records (black boxes), driverless cars, online consumer targeted...more

7/25/2014 - Advertising Apple Automotive Industry Black Box Corporate Counsel Driverless Cars FTC GAO Google GPS Mobile Apps Privacy Concerns

Florida Overhauls Its Data Security Breach Notification Law Effective July 1, 2014

On June 20, 2014 Governor Rick Scott approved the Florida Information Protection Act of 2014, overhauling the requirements and steps companies must follow when faced with a potential or actual security breach resulting in the...more

6/23/2014 - Cybersecurity Data Breach New Regulations Notice Requirements Personally Identifiable Information Popular

White House Issues Two Big Data Reports; Florida Legislature Passes Revamped Breach Notification Law

Yesterday, May 1, was a big day for privacy in the news. The White House issued 2 reports on the privacy implications of Big Data, and the Florida legislature overhauled the state’s security breach notification law,...more

5/2/2014 - Big Data Breach Notification Rule Data Breach Data Protection

Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you...more

2/18/2014 - Automotive Industry Compliance Data Protection FCPA NHTSA Suppliers Supply Chain Trucking Industry

White House Releases Voluntary Guidelines for Cybersecurity

On Wednesday, February 12, the White House released the Framework for Improving Critical Infrastructure Cybersecurity. The Framework represents the culmination of a year-long private-sector led effort to create voluntary...more

2/14/2014 - Critical Infrastructure Sectors Cybersecurity Cybersecurity Framework NIST

FTC Settles Claims Relating to U.S. – EU Safe Harbor Program

The Federal Trade Commission recently announced it has settled claims against 12 companies relating to charges the companies falsely claimed they were abiding by the U.S. – EU Safe Harbor program that enables U.S. companies...more

1/24/2014 - Compliance Data Brokers Debt Collection EU FTC Information Security Retailers Safe Harbors Sports

Are You Ready For California’s “Do Not Track” Requirements?

Over the last several months, California has passed several new privacy and data protection laws that impact operators of websites, online services and mobile applications around the country, including a law establishing an...more

12/9/2013 - Breach Notification Rule Compliance Data Breach Data Protection Do Not Track Internet Mobile Apps Personally Identifiable Information Privacy Laws Websites

January 1 Deadline for Privacy Policy Compliance With California’s “Do Not Track” Law

California Governor Jerry Brown recently signed into law a bill that requires operators of websites and online services, including mobile applications, to disclose in their privacy policies how they respond to “Do Not Track”...more

12/3/2013 - CalOPPA Do Not Track Internet Privacy Laws Technology Websites

California Law Provides Minors With “Internet Eraser”

On September 23, 2013, California Governor Jerry Brown signed into law Senate Bill 568, which expands the privacy rights of minors by requiring Web site and mobile application owners to permit minors to remove their postings....more

9/26/2013 - Internet Internet Privacy Jerry Brown Minors New Legislation Right to Privacy

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