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Vehicle Event Data Recorders

Event data recorders, also known as “black boxes” or “sensing diagnostic modules,” capture information such as the speed of a vehicle and the use of a safety belt. In the event of a collision this information can be used to...more

Security Due Diligence In A Merger Or Acquisition: A How-To Guide

The FTC can hold an acquirer responsible for the bad data security practices of a company that it acquires. Evaluating a potential target’s data security practices, however, can be daunting and complicated by the fact that...more

Privacy Due Diligence In A Merger Or Acquisition: A How-To Guide

The FTC can hold an acquirer responsible for the bad data privacy practices of a company that it acquires. Evaluating a target’s data privacy practices, however, can be daunting and complicated by the fact that many “data”...more

Credit Cards and the Payment Card Industry Data Security Standard

For most retailers the primary source of revenue comes from credit card transactions. In order to accept credit cards, a retailer must enter into a contractual agreement with a payment processor and a merchant bank....more

Passing Data Between Retailers To Facilitate Transactions: A How-To Guide

Online retailers often learn information about a consumer that may be used by them to help identify other products, services, or companies that may be of interest to the consumer. For example, if a person purchases an...more

Class Action Litigation Trends: A How-To Guide

There is a great deal of misunderstanding concerning data security breach-related class actions. In large part the media and the legal media have exaggerated the quantity (and success) of class action litigation....more

5/9/2017  /  Class Action , Data Breach

Fingerprint Identification Technology: A How-To Guide

Fingerprint identification technology uses fingerprints to uniquely identify individuals. The technology has been used by law enforcement agencies for decades, and dozens of statutes regulate when government agencies may...more

Cybersecurity Disclosures: A How-To Guide

In October of 2011, the U.S. Securities and Exchange Commission (“SEC”) issued guidance regarding a public company’s obligations to disclose cybersecurity risks and cyber incidents (the “Cybersecurity Disclosure Guidance”)....more

Facial Recognition Technology: A How-To Guide

Facial recognition technology uses algorithms that map facial features – such as the distance between a person’s eyes, or the width of a person’s nose – and compares those features to a database of known individuals....more

Data Breach Notification Laws: A How-To Guide

Although Congress has attempted to agree on federal data breach notification legislation, there is no national data breach notification law that applies to most companies. Instead, 47 states, plus the District of Columbia,...more

Collecting Information From Children: A How-To Guide

There are relatively few restrictions on collecting information from children off-line. Efforts to collect information from children over the internet, however, are regulated by the Children’s Online Privacy Protection Act...more

Reputation Management: A How-To Guide

The reputational injury following a data breach can be severe. Indeed, reputational injury – including lost customers – often surpasses legal liability. Effective management of the reputational impact of a data security...more

Do you get Bragging Rights if the Malware Infecting your Computer was Named after Zeus?

Over the last decade as the specter of cyber attacks has increased dramatically, financial institutions have been encouraged to look into the use of cyber fraud insurance as one means of minimizing risk. A recent decision by...more

Beware of Making Unsubstantiated Anti-Aging Claims

Manufacturers, distributors, and retailers often tout the anti-aging effects of certain cosmetics and nutritional supplements. Of course, the term “anti-aging” is not intended to literally mean that a product prevents aging. ...more

Credit Monitoring Services: A How-To Guide

Organizations are not, generally, required to offer services to consumers whose information was involved in a breach. Nonetheless, many organizations choose to offer credit reports (i.e., a list of the open credit accounts...more

Wool Claims

Although wool is one of the oldest natural fibers, it is still one of the most commonly used fibers in products ranging from clothing, to household items. As a result, it’s perhaps not surprising that one of our country’s...more

Are Radio Waves Coming From My Wallet? The Privacy and Security Issues Involved With RFID Technology

Radio Frequency Identification (“RFID”) technology uses electromagnetic fields to transfer data. RFID systems typically operate by attaching tags to objects, devices, or cards....more

Selecting a Forensic Investigator: A How-To Guide

Many competent IT departments lack the expertise, hardware, or software to preserve evidence in a forensically sound manner and to thoroughly investigate a security incident. In-house counsel needs to be able to recognize...more

New York Makes Cybersecurity Rule Covering the Financial Services Industry Final; Sets Transitional Periods for Compliance

Last month the New York Department of Financial Services (NYDFS) released its final rule requiring banks, insurance companies, other financial institutions, and individuals regulated by the agency to maintain a written...more

Fur Claims

Animal pelts were one of the first forms of human clothing. As modern societies developed, fur gained in importance and, in many societies, access to fur became increasingly rare, reserved for either the ruling elite or...more

3/28/2017  /  FTC , Manufacturers , Product Labels , Retailers

Knowing Where You Are, When You Are: Creepy or competitive? The privacy and security issues involved with geo-location tracking

Smartphones, smartphone apps, websites, and other connected devices (e.g., “wearables”) increasingly request that consumers provide their geo-location information. Geo-location information can refer to general information...more

Incident Response Plans: A How-To Guide

The best way to handle any emergency is to be prepared. When it comes to data breaches incident response plans are the first step organizations take to prepare. Furthermore, many organizations are required to maintain one....more

Anti-Aging Litigation

Manufacturers, distributors, and retailers often tout the anti-aging effects of certain cosmetics and nutritional supplements. Of course, the term “anti-aging” is not intended to literally mean that a product prevents aging. ...more

Video Viewing Information: A How-To Guide

The Video Privacy Protection Act (“VPPA”) was passed in 1988 in reaction to a fear that people other than a consumer and a video rental store could collect information on a consumer’s video rental history. This was not an...more

Wire Transfer Fraud: A How-To Guide

Businesses are increasingly falling victim to wire fraud scams – sometimes referred to as “man-in-the-email” or “business email compromise” scams. Although there are multiple variants, a common situation involves an attacker...more

3/15/2017  /  Banks , Best Practices , Wire Fraud
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