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Beck v. McDonald – 4th Circuit Weighs In on Standing in Data Breach Case

We don’t see a lot of data breach litigation here in the Fourth Circuit. So it is notable that the Fourth Circuit Court of Appeals issued an opinion yesterday that weighs in on the standing debate (For more on the debate:...more

Constitutional Standing Provides Fertile Battleground In Data Breach Litigation

A common and understandable concern of companies that suffer a data breach is whether the victims can sue the company. It is tempting to assume that the victims won’t sue if they do not suffer identity theft or monetary loss...more

FTC Data Security Standards: Final Order in the ASUSTeK Case; No Mercy for LabMD

The Federal Trade Commission, continuing its quest to be the enforcer of consumer privacy rights, has come down hard this month on ASUSTeK and LabMD for their failure to have adequate data security standards. Because the FTC...more

EU Article 31 Committee Approves EU-US Privacy Shield

EU Member States (the Article 31 Committee) approved today the EU-US Privacy Shield. The next step is formal adoption....more

Another Challenge for Information Governance: The Defense of Trade Secrets Act

Good information governance requires not only protecting the security of sensitive and proprietary information; it often requires pursuing legal action against those who threaten the secrecy and value of a company’s trade...more

U.S. Government Petitions to Join Data Privacy Litigation Against Facebook in Ireland

On June 13, 2016, the United States government asked the Irish High Court to be joined as amicus curiae (friend of the court) in the case brought by the Austrian privacy activist Max Schrems against Facebook attacking the use...more

President Obama Signs New Privacy Law – Judicial Redress Act

On February 24, 2016, President Obama signed into law the Judicial Redress Act giving citizens of certain “covered countries” access to U.S. courts to protect their privacy and take legal action against U.S. government...more

US and EU “Privacy Shield” Framework for Cross-Border Data Transfers Submitted to Article 29 Working Party Today

On the same day that groundhog Punxsutawney Phil predicted an early Spring, the EU College of Commissioners brought some sunshine of its own, announcing yesterday that it has reached an agreement with the U.S. on transfers of...more

Federal Trade Commission PrivacyCon 2016 Recap: Insights into the FTC’s Perspective on Privacy and Data Security

The Federal Trade Commission’s PrivacyCon event brings together the FTC, researchers and academics to discuss the latest research and trends related to consumer privacy and data security. Much of the discussion today...more

Employment & Labor Update - Supreme Court Approves Employers’ Right To Conduct Security Screening Without Wage Liability

On Wednesday, the Supreme Court ruled that employers have no obligation to pay their employees for time spent undergoing security screenings when those screenings are not integral to the employees’ job duties. Busk et al. v....more

An Early Christmas Present for Consumers? Court Rules that Retailers Can Be Liable to Banks Arising from Data Breaches.

Cyber-Monday sales weren’t the only good thing that happened for consumers last week. Later in the week a federal judge in Minnesota thwarted Target’s attempt to dismiss a lawsuit brought by banks and credit unions arising...more

Social Media Password Protection: Where are we now?

In just two years, social media password protection has gone from a privacy advocate’s dream to an employer’s harsh reality in many states. Maryland became the first state (in 2012) to enact legislation that prevented...more

10/10/2014  /  Data Protection , Passwords , Social Media

Social Media - Love it or leave it?

Social media, love it or leave it? Social media has become an indispensable part of business. There is no question that social media is an effective marketing tool. Statistics show that 14% of consumers do not trust...more

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