Jim DeGraw

Jim DeGraw

Ropes & Gray LLP

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New York Establishes New Cyber Security Examination Process for Financial Institutions

New York’s Department of Financial Services released a letter on December 10, 2014, announcing the details of its plan to focus more attention on cyber security matters in conducting examinations. Directed at New...more

12/16/2014 - Banks Cybersecurity Data Breach Data Protection Financial Institutions OCIE Popular SEC

U.S. Supreme Court to Review Whether Post-Patent Term Royalty Schemes Lawful

On Friday, December 12, 2014, the U.S. Supreme Court granted certiorari on Kimble v. Marvel Enterprises, Inc., No. 13-720, opening the possibility that the Supreme Court will overturn Brulotte v. Thys Co., 379 U.S. 29 (1964),...more

12/16/2014 - Antitrust Provisions Certiorari Kimble v Marvel Enterprises License Agreements Patent Royalties Patents SCOTUS

Supreme Court Rules in Favor of Broadcasting Companies in Aereo’s Copyright Battle Over Internet Television Streaming

The United States Supreme Court on June 25, 2014, held that Aereo’s system for capturing and recording broadcast TV programming, and then streaming that programming to individual subscribers, “performs” that programming...more

7/1/2014 - ABC ABC v Aereo Broadcasting Copyright Copyright Infringement Public Performance Rights SCOTUS The Copyright Act

California Attorney General Issues Guidance on Do Not Track

In 2013, the California Legislature passed a tracking transparency bill, AB 370, which amended the California Online Privacy Protection Act (“CalOPPA”). AB 370 requires commercial website operators to inform users of how they...more

5/28/2014 - Amended Regulation Attorney Generals Best Management Practices CalOPPA Data Protection Disclosure Requirements Do Not Track FTC Personally Identifiable Information Privacy Policy Websites

Hulu Video Privacy Protection Act Summary Judgment Ruling in the N.D. of California Emphasizes Importance of Knowing What Data...

On Monday, April 28, 2014, the Northern District of California in In Re: Hulu Privacy Litigation, No. 3:11-cv-03764-LB (M.J. Laurel Beeler), issued a summary judgment opinion under the Video Privacy Protection Act (“VPPA”),...more

5/5/2014 - Class Action Data Collection Data-Sharing Facebook Hulu Personally Identifiable Information Privacy Disclosures Third-Party Video Privacy Protection Act

Ninth Circuit Rules Against Spokeo on FCRA Claim

On February 4, 2014, the U.S. Court of Appeals for the Ninth Circuit held that plaintiffs need not allege actual injury to demonstrate constitutional standing for a willful violation of the Fair Credit Reporting Act (the...more

2/13/2014 - Article III FCRA Willful Violations

FTC Complaint Against Medical Laboratory Signals Agency’s Continued Intent to Assert Authority in Data-Security-Breach Actions

In taking action against medical laboratory LabMD, the U.S. Federal Trade Commission demonstrated its continued intent to assert authority through the Federal Trade Commission Act in data-security-breach actions. On August...more

9/11/2013 - Clinical Laboratories Compliance Data Breach Data Protection Enforcement Actions FTC Medical Research

Federal Court Dismisses Action Brought by Data Breach Plaintiffs for Failure to Demonstrate Injury Under Clapper

On September 3, 2013, the U.S. District Court for the Northern District of Illinois dismissed a class action complaint arising from a credit card “skimming” attack suffered by Barnes & Noble in 2012. U.S. District Judge John...more

9/9/2013 - Article III Barnes and Noble Clapper v. Amnesty International Consumer Fraud Credit Cards Cyber Attacks Data Breach Data Protection Fraud Hackers SCOTUS

Federal Trade Commission Chairwoman Calls for Increased Scrutiny of Privacy Practices for Consumer Data

On August 19, Federal Trade Commission Chairwoman Edith Ramirez cautioned companies that collect large quantities of consumer data that the FTC intends to closely scrutinize the measures those companies take to protect...more

8/29/2013 - Big Data Data Protection FTC Invasion of Privacy Privacy Policy

Ninth Circuit Holds Hybrid IP Agreement With Flat Royalty Rate Unenforceable Post Patent Expiration

The Ninth Circuit U.S. Court of Appeals recently reluctantly refused to enforce a hybrid intellectual property agreement – that is, an agreement involving a bundle of patent, trade secret, and other intellectual property...more

7/24/2013 - Contract Interpretation License Agreements Patents Royalties Trade Secrets USPTO Void and Unenforceable

Recent California Decision Demonstrates Challenges Faced By Plaintiffs In Data Breach Litigation

On July 11, 2013, the U.S. District Court for the Central District of California granted a motion for judgment on the pleadings with respect to the majority of claims brought against Blizzard Entertainment, Inc. (“Blizzard”)...more

7/18/2013 - Blizzard Entertainment Inc Cybersecurity Data Breach Data Breach Plans Data Theft Encryption Passwords

California Attorney General Issues 2012 Data Breach Report – Announces Investigating Breaches of Unencrypted Personal Information...

In 2012, for the first time, companies and government agencies subject to California’s Breach Notification Law were required to submit copies of their data breach notices to the California Attorney General when the breach...more

7/11/2013 - Breach Notification Rule Cybersecurity Data Breach Data Breach Plans Data Theft Encryption Information in Transit Information Sharing Invasion of Privacy

FTC Actions Against Payment Processors Heighten Legal Risks for Service Providers in Privacy Cases

In taking action against two payment processors earlier this month for providing processing services to merchants allegedly engaged in deceptive telemarketing practices, the U.S. Federal Trade Commission demonstrated a broad...more

6/28/2013 - FTC Payment Processors Telemarketing Telemarketing Sales Rule Third-Party

Appellate Decision Places Fraud Prevention Measures Outside Reach of California’s Song-Beverly Credit Card Act

With cybercrime on the rise, regulators and plaintiffs’ lawyers are pressing businesses to help mitigate the risk of identity fraud to American consumers. Ironically, at the same time, plaintiffs’ lawyers have sued numerous...more

6/25/2013 - Credit Cards Identity Fraud Internet Retailers Online Payments Song-Beverly Credit Card Act

FCC Rules Sellers May Be Vicariously Liable for Third-Party Telemarketers’ Violations of Telephone Consumer Protection Act

The Federal Communications Commission (“FCC”) recently declared that sellers of products and services can be held vicariously liable for actions of third-party telemarketers that violate the Telephone Consumer Protection Act...more

5/20/2013 - FCC Independent Contractors TCPA Telemarketing Third-Party Liability Vicarious Liability

FTC Announces Investigations of Kids App Providers and California’s AG Sues Delta over Fly Delta App’s Privacy Practices

Two recent developments should have all app providers reviewing their privacy practices and policies. On Monday, December 10, the Federal Trade Commission released its latest report on privacy disclosures and kids apps....more

12/14/2012 - COPPA Delta Airlines Disclosure Requirements FTC Mobile Apps Online Privacy Protection Act Personally Identifiable Information Privacy Policy

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