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Employer Obligations under the New Families First Coronavirus Response Act

The Families First Coronavirus Response Act (the “Act”) was signed into law on March 18, 2020. The Act provides paid sick and protected job leave for employees who are unable to work because they, or their family members, are...more

New Department of Labor COVID-19 Guidance for Employers

The U.S. Department of Labor’s (“DOL”) Wage and Hour Division recently posted useful guidance for employers on common issues they are likely to face, or are already confronting, with respect to employee wages when responding...more

Are you ready? Companies doing business with New York residents face tighter data security requirements and increased scrutiny of...

Last Thursday, Governor Andrew M. Cuomo signed the Stop Hacks and Improve Electronic Data Security (“SHIELD”) Act, which amends New York’s current data breach notification law and places increased obligations on businesses...more

Can Employers get a Grip on Griping? Not all Gripes are Created Equal…

Negative employee attitudes, chronic complaining, insubordination and gossiping are bad for the workplace.  They can impact employee morale and productivity, and if spread outside of the organization, reflect very poorly on...more

EU-US Privacy Shield: What You Need to Know for Transatlantic Data Transfers

The flow of data across international borders is crucial to commerce in today’s global economy. After last year’s invalidation of the Safe Harbor framework, which enabled companies to transfer personal data from the EU to...more

A Glimmer of Light at the End of the Tunnel: EU-U.S. Privacy Shield Framework Announced

On October 6, 2015, the European Court of Justice (CJEU) invalidated the Safe Harbor framework between the United States and the European Union, putting at risk the legality of trans-Atlantic data transfers. Businesses and...more

EU Data Protection Reform Will Force Big Changes Globally

Earlier this week, on December 15, 2015, EU officials approved the text of new data privacy regulations after nearly four years of discussions. The EU-wide bill, which will supersede what is now known as the EU Data...more

The End of the Safe Harbor Framework – and the Threat to Model Clauses and BCRs

Earlier last week, the European Court of Justice (CJEU) invalidated the Safe Harbor framework between the United States and the European Union -- effective immediately. This decision significantly disrupts the flow of data...more

Encryption is Key to Limiting Company Exposure for Data Security Breaches

Companies doing business in California may find themselves targeted for investigation if they fail to encrypt personal information, according to a recent report issued by the California Attorney General’s office. ...more

FTC’s Authority to Police Data Security Practices Challenged

Hotelier Wyndham Worldwide Corp’s motion to dismiss an FTC lawsuit alleging lax data security practices is likely to have significant implications for the agency’s ability to police cybersecurity practices at American...more

For Small Business Owners, Cybersecurity Is Not a Question of "If" But 'When..."

While much of the discussion around cybersecurity tends to focus on critical information sectors, national security, and the concerns of global corporations, data breaches can be just as devastating for small and medium-sized...more

Berlin Court Rules that Apple's Privacy Policy Violates German Data Protection Laws

A Berlin court ruled that eight clauses in Apple Sales International's (“Apple”) standard data use policy, which covers how the company can share data, do not comply with Germany’s privacy protection laws and enjoined Apple,...more

FTC Recommends Stronger Safeguards for Mobile Payments

With the use of mobile payments by consumers reaching “fever pitch”, the FTC has released a new report entitled, “Paper, Plastic… or Mobile? An FTC Workshop on Mobile Payments,” discussing how companies can develop mobile...more

Taming the Wild West: FTC Report Urges Mobile App Industry to Adopt Strong Privacy Measures

App providers and developers are in the hot seat again. On the same day that the FTC fined the social networking app Path $800,000 over allegations that it collected personal information without obtaining consumers’ consent,...more

FTC Fines Path Mobile Social Networking App $800,000 for Privacy Breaches

The developer of the popular Path social networking app for mobile devices has agreed to settle Federal Trade Commission charges that it deceived users by collecting their personal information without their consent. As part...more

FFIEC Proposed Guidance on Social Media Risk Management: Practice Points for All Organizations Using Social Media

Organizations using social media are confronted with an ever increasing challenge of social media risk management. To help financial institutions identify, measure, monitor, and control such risks, the Federal Financial...more

US Tech Companies May Soon be Required to Report Security Breaches to the EU

U.S. based tech companies that store data on the Internet may soon be required to report the loss or theft of personal information to the E.U. or face sanctions and fines according to legislation being proposed by the...more

USPTO Soliciting Comments on Software Patent Issues

The United States Patent and Trademark Office announced its intent earlier this month to form a “Software Partnership” with the software community in order to enhance the quality of software-related patents (the “Notice”)...more

1/21/2013  /  Patents , Software , USPTO

Mobile App Disclaimers Not Sufficient to Circumvent FCRA Requirements

The Federal Trade Commission reached a settlement last week with a mobile app company, its data provider, and their CEO in its first Fair Credit Reporting Act (“FCRA”) enforcement action involving mobile applications. The...more

California’s Attorney General Releases Privacy Recommendations for Mobile Apps

California’s Attorney General released, on January 10, 2013, a lengthy set of recommended privacy practices aimed at app developers, app platform providers, mobile ad networks, operating system developers, and mobile...more

Effective Data-Use Policies Can Have “Far-Reaching” Benefits in Cracking Down on Employee Cyber Theft

In a decision that could make it easier for U.S. companies to enforce claims against employees who commit cyber theft from remote locations, including from beyond U.S. borders, the Second Circuit breathed life into a...more

FTC Consent Order Illustrates Importance of Privacy Policy Disclosure and Adherence

The importance of fully disclosing (and abiding by) your company’s privacy policies was underscored last month when the U.S. Federal Trade Commission issued a consent order barring Epic Media Group, LLC, an online advertising...more

Instagram Retreats on Privacy Policy Change but Gets Sued Anyway

Photo-sharing app Instagram announced last Thursday, December 20, 2012 that it will withdraw one of its recent changes to the site's privacy policy following a public backlash. The withdrawn language explicitly permitted...more

Fashion Week in the Second Circuit: A Win-Win for Louboutin and YSL

Both Christian Louboutin and Yves Saint Laurent have claimed victory in the Second Circuit's much anticipated decision in Christian Louboutin SA v. Yves Saint Laurent America Holding Inc., decided on September 5, 2012. And in...more

9/20/2012  /  Christian Louboutin , Trademarks
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