Mark Szpak

Mark Szpak

Ropes & Gray LLP

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Key Data Privacy and Security Concerns for Investment Firms

Privacy and data security concerns are among the most critical issues facing investment funds, advisors and managers (collectively, “investment firms”). This article outlines the privacy and data security challenges...more

5/12/2016 - Cybersecurity FTC HIPAA HITECH Investment Funds OCR Popular SEC Security and Privacy Controls

FTC Launches Study of Assessment Process for Payment Card Industry Data Security Standards

On March 7, the FTC announced a study of Payment Card Industry Data Security Standard (“PCI DSS”) assessments – the audits required of certain merchants pursuant to rules imposed by payment card brands such as Visa and...more

4/1/2016 - Credit Cards Data Security FTC Payment Systems PCI-DSS Standard

FTC’s Proposed Settlement with Dental Practice Software Provider Marks Latest Data Security Action Against a Product Supplier

On January 5, the Federal Trade Commission (“FTC”) reached an agreement with Henry Schein Practice Solutions, Inc. (“HSPS”) to settle allegations that HSPS misrepresented that its dental practice software provided...more

2/8/2016 - Encryption Enforcement Actions FTC HIPAA Personally Identifiable Information Software Developers

The FTC’s Recent Enforcement Action Against Oracle Further Expands the Growing Pool of Potential Data Security Defendants

On December 21, 2015, Oracle Corporation (“Oracle”) reached an agreement with the Federal Trade Commission (“FTC”) to settle charges that it allegedly deceived customers regarding the security provided by updates to its Java...more

1/12/2016 - Consent Order Enforcement Actions FTC Oracle Unfair or Deceptive Trade Practices

Wyndham and FTC Agree to Consent Order Ending Data Security Breach Litigation

On Friday, December 11, 2015, the U.S. District Court for the District of New Jersey entered a consent order between the Federal Trade Commission (“FTC”) and hospitality company Wyndham Hotels and Resorts, LLC (“Wyndham”)...more

12/23/2015 - Consent Order Data Breach FTC FTC v Wyndham LabMD Popular Section 5 Unfair or Deceptive Trade Practices

ALJ Dismisses FTC Data Security Claims Against LabMD Due to Lack of Actual or Likely Substantial Consumer Harm

On November 13, a Federal Trade Commission administrative law judge dismissed the FTC data security complaint against medical laboratory LabMD, potentially vindicating LabMD’s vigorous two-year struggle to deny the FTC’s...more

11/25/2015 - ALJ Data Breach FTC LabMD Section 5

Nomi FTC Settlement Highlights Risks of Publicizing Company Privacy Policies

A closely divided Federal Trade Commission (“FTC” or the “Commission”) has signaled support for the agency’s recent focus on mobile device privacy. On April 23, 2015, the five-member Commission voted 3-2 to accept a proposed...more

5/21/2015 - Consent Order Corporate Counsel Data Collection FTC Misrepresentation Mobile Privacy Nomi Technologies Opt-Outs Prior Express Consent Privacy Laws Retailers Section 5

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

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 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

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

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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