David Munkittrick

David Munkittrick

Proskauer Rose LLP

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Latest Publications


The FTC's First Loss in Nearly Half a Decade, Illuminating the Difficulties of Prediction and the Merits of Litigating It

"Prophesy is a good line of business, but it is full of risks." Mark Twain could have been speaking about the FTC's recent challenge to a merger between the second- and third-largest sterilization companies in the world,...more

10/15/2015 - Anti-Competitive Competition FTC Innovation Preliminary Injunctions

The Legacy of the RadioShack Bankruptcy and the Importance of PII

Customer information has become an increasingly valuable business asset. And, the volume and detail of other available information about consumers has increased along with it, well beyond mere customer names and addresses to...more

10/5/2015 - Attorney Generals Chapter 11 Commercial Bankruptcy Customer Lists FTC Opt-Outs Personally Identifiable Information Privacy Policy RadioShack

In the E.U., Where to Bring Suit When the Subject is Data and the Defendant is a U.S. Company? Hint: It’s About More Than Just...

When are U.S. social media companies subject to European data privacy laws? As we reported in 2013, the answer is often contingent on geographic location – where the relevant data is processed. In 2013, for example, a German...more

7/13/2015 - Austria Data Privacy Data Protection EU EU Data Protection Laws Facebook Germany Jurisdiction Popular Social Media Young Lawyers

Supreme Court Preserves States' Power to Protect Consumers But in the Process Blurs Federal Preemption Analysis

The Supreme Court once again showed that, when it comes to the antitrust laws, the consumer is king. In Oneok, Inc. v. Learjet, the Court was asked to decide where state antitrust laws end and federal regulation begins. The...more

4/29/2015 - Anti-Competitive Antitrust Litigation Antitrust Provisions Natural Gas Act ONEOK v Learjet Preemption Price-Fixing SCOTUS Supremacy Clause

When is Data Security “Unfair”?

Data security is big news. And so is the Federal Trade Commission (“FTC”). Put the two together in a crucible of litigation, and it is sure to be a blockbuster. That is what the closely-watched case FTC v. Wyndham, now...more

3/23/2015 - Appeals Cybersecurity FTC FTC v Wyndham Popular

FCC: The New Data Security Sheriff In Town

Data security seems to make headlines nearly every week, but last Friday, a new player entered the ring. The Federal Communications Commission (“FCC”) took its first foray into the regulation of data security, an area that...more

10/30/2014 - Communications Act of 1934 Data Protection Electronically Stored Information FCC Personally Identifiable Information Telecommunications

No Class: Hulu Users Lose Certification Motion

After a decision denying class certification last week, claims by Hulu users that their personal information was improperly disclosed to Facebook are limited to the individual named plaintiffs (at least for now, as the...more

6/24/2014 - Class Action Hulu Internet Internet Streaming Video Privacy Protection Act

On the Horizon: FCC’s New Telemarketing Rules

On October 16, 2013, the Federal Communications Commission’s (“FCC”) new rule implementing the Telephone Consumer Protection Act (“TCPA”) will go into effect. These are rules with teeth, as the TCPA allows recovery of...more

9/18/2013 - FCC FCPA Marketing Telemarketing

Rise of the Genome

We pack tons of personal and sensitive information in our DNA. While the human genome has been mapped for a decade, legal issues of genetic privacy are just beginning to rise. Earlier this month, the U.S. Supreme Court...more

6/14/2013 - ADA Class Action Disability Discrimination Discrimination DNA EEOC Genetic Discrimination Genome Project GINA SCOTUS

FTC Issues Recommendations on Mobile Data Disclosures, Urges Mobile Industry To Act

Data use and sharing disclosures on mobile devices need work, the FTC said in a staff report released last week. The report recommends ways that actors in the mobile marketplace—such as mobile operating system providers,...more

2/8/2013 - Advertising App Developers Dashboard Data Collection FTC Geolocation Internet Mobile Apps Mobile Privacy Disclosures Operating System Developers Personally Identifiable Information Social Networks Third-Party

Standing on the Precipice: Privacy Litigation and Standing Requirements

The U.S. Supreme Court heard arguments last month in Clapper v. Amnesty International, a case that asks the Court to determine whether a group of lawyers, journalists, and human rights workers have standing to challenge the...more

11/27/2012 - Standing

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