Paul Bond

Paul Bond

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The FCC Clarifies Prior Express Consent Under the TCPA for Calls to Utility Company Customers

The Telephone Consumer Protection Act (“TCPA”) applies in many circumstances when companies use an automatic telephone dialing system (or “autodialer”) and/or pre-recorded messages to call consumers. In those situations where...more

8/12/2016 - Cell Phones Debt Collection Declaratory Rulings FCC Prior Express Consent Robocalling TCPA Utilities Sector

EU-U.S. Data Privacy Shield adopted – a phoenix rising from the ashes of Safe Harbour?

The EU-U.S. Privacy Shield has been adopted by the European Commission. On 12 July 2016, following a positive vote from the member states (the Article 31 Committee) on 8 July, the EU College of Commissioners formally adopted...more

7/15/2016 - Article 29 Working Party (WP29) Data Retention EU EU-US Privacy Shield European Commission International Data Transfers Ombudsman Personal Data Popular Schrems v Data Protection Commissioner Self-Certification Standard Contractual Clauses Surveillance U.S. Commerce Department US-EU Safe Harbor Framework

Ninth Circuit Rules that CFAA Imposes Criminal Penalties When Terminated Users Try To Access Systems With Borrowed Passwords

It can be a violation of the federal Computer Fraud and Abuse Act (“CFAA”) to “access[] a protected computer without authorization.” The CFAA clearly applies when criminals with no connection to a company try to force their...more

7/13/2016 - Computer Fraud and Abuse Act (CFAA) Confidential Information Former Employee Hackers Intent Passwords Trade Secrets Unauthorized Access US v Nosal

Federal Judge in Maryland Remands Data Breach Class Action Following in Spokeo Decision’s Footsteps

Just days after the Supreme Court’s ruling in Spokeo v. Robins, the highly anticipated decision is already impacting data breach class actions across the country. The defendant in the Spokeo case contended that the plaintiff...more

5/27/2016 - Article III Class Action Corporate Counsel Data Breach FCRA Injury-in-Fact Personally Identifiable Information Remand Spokeo v Robins Standing

In Spokeo v. Robins, The United States Supreme Court Articulates a Need for ‘Concrete’ Injury To Sue in Federal Court

The federal judiciary derives its power from Article III of the United States Constitution. That power is limited to deciding “Cases” and “Controversies,” Art. III, section 2. In the case of Spokeo v. Robins, the United...more

5/17/2016 - Article III Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing

Beyond Bitcoin: Blockchain - The Essential Building Block in Designing the Future

Bitcoin relies on its peer-to-peer network to do two things: maintain the authoritative ledger of transactions and issue new currency. The application of the blockchain is anticipated to extend far beyond financial services...more

5/12/2016 - Bitcoin Blockchain Corporate Counsel EU Financial Sector Popular Regulatory Standards Underwriting Young Lawyers

Privacy Shield Details Have Been Revealed: Here’s What Companies Need to Know

The European Commission has published its draft adequacy decision on the EU-U.S. Privacy Shield, the proposed data transfer framework that would replace the defunct Safe Harbor program. The draft adequacy decision formally...more

3/22/2016 - Data Protection Authority Department of Transportation (DOT) EU EU-US Privacy Shield European Commission FTC International Data Transfers Notice Requirements Opt-Outs Personal Data U.S. Commerce Department US-EU Safe Harbor Framework

CFPB Takes First Action Against Company for Lax Data Security Practices

The Consumer Financial Protection Bureau (“CFPB”) has announced its first data security enforcement action. On Wednesday (March 2), the CFPB released a consent order against Dwolla, an online payment platform company,...more

3/8/2016 - CFPA CFPB Consent Order Data Security Dodd-Frank Dwolla Enforcement Actions Personally Identifiable Information Popular UDAAP

FTC Warns Big Data Brings Big Consequences in New Report

The FTC unveiled a lengthy report, Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues, warning companies about commercial uses of big data and the discriminatory impact it may have on low-income and...more

1/8/2016 - Big Data Data Collection ECOA FCRA FTC FTC Act Popular

Financial Institutions Make History In Target Mdl, First Class Action Certified In Federal Court To Litigate Security Breach...

Before September 15, 2015, no federal court had certified a class action to litigate security breach claims. But now U.S. District Court Judge Paul A. Magnuson, overseeing the In re: Target Corporation Customer MDL, has...more

9/18/2015 - Class Action Class Certification Cybersecurity Damages Data Breach Data Privacy Data Protection Data Security Financial Institutions Hackers Negligence Negligence Per Se Security Breach Target

Third Circuit Upholds FTC’s Authority in Wyndham Case

On August 24, 2015, the Third Circuit, in a highly anticipated ruling, upheld a 2014 New Jersey District Court decision that the FTC has authority under section 5 of the FTC Act to regulate “unfair” data security practices...more

8/26/2015 - Communications Act of 1934 Confidential Information Cybersecurity Data Privacy Data Protection Data Security Fair Notice FTC FTC Act FTC v Wyndham Personally Identifiable Information Section 5 Unfair or Deceptive Trade Practices Wyndham

Target Reaches $67 Million Settlement with Visa over Data Breach Claims

More than a year-and-a-half after Target’s December 2013 announcement of a massive data breach, the retailer has reached an agreement with Visa, whereby it will reimburse Visa and certain affected card issuers up to $67...more

8/26/2015 - Class Action Class Certification Credit Cards Cyber Attacks Cybersecurity Damages Data Breach Data Protection Data Security Financial Institutions MasterCard Personally Identifiable Information Settlement Agreements Target Visa Inc

What Do You Get for the Plaintiff Who Has Everything? Maybe a Class Action, Ruled The Seventh Circuit

Perturbed by two allegedly unwanted faxes, Arnold Chapman brought a putative class action under the Telephone Consumer Protection Act (“TCPA”). For himself, he sought the most the statute could provide – $3,000, an...more

8/13/2015 - Mootness Offer of Judgment Reversal TCPA

Virginia Launches First State-Level Information Sharing and Analysis Organization

On April 20, Virginia Gov. Terry McAuliffe announced that the state is establishing the nation’s first state-level Information Sharing and Analysis Organization (“ISAO”), intended to enhance the voluntary sharing of critical...more

4/22/2015 - Cyber Attacks Cybersecurity Governor McAuliffe Information Sharing ISAOs

Crowded Skies: Opportunities and Challenges in an Era of Drones

In this paper: - Advertising & Promotion - Aviation - Regulatory - Copyright (EU) - Employment and Labor - Export Controls - Film and Television (UK) - Film & Television...more

3/31/2015 - Advertising Aircraft Airspace Commercial Use Copyright Drones Export Controls Exports Federal Aviation Administration (FAA) Film Industry Insurance Industry Music Industry Privacy Laws Unmanned Aircraft Systems

Proposed Settlement in Target Data Breach Litigation

A proposed settlement has been reached in the multi-district consumer litigation Target faces following a data breach that compromised at least 40 million credit cards during the 2013 holiday shopping season. The settlement,...more

3/20/2015 - Class Action Data Breach Settlement Negotiations Target

Update: Proposed Settlement in Target Data Breach Litigation

The proposed settlement agreement in the Target data breach consumer litigation that we reported on on March 19, 2015 has been approved by the judge, and a final approval hearing set for November 10, 2015. Based on this...more

3/20/2015 - Class Action Data Breach Settlement Offer Target

FAA Takes One Small Step Toward Legalizing Commercial Use of Small Unmanned Aircraft Systems, a.k.a Drones

The Federal Aviation Administration (FAA) has long been studying the promise and perils of small unmanned aircraft systems (“UAS”), a.k.a drones. The commercial potential of UAS technology is clear. Businesses are eager to...more

2/19/2015 - Commercial Use Drones Federal Aviation Administration (FAA) Licensing Rules NPRM Unmanned Aircraft Systems

New Jersey Requires Encryption for Health Insurance Carriers; May Open Door to Class Action Suits over Violations Under State...

Gov. Chris Christie has signed into law S. 562, which, as its title states, “Requires health insurance carriers to encrypt certain information.” Violation of this new law constitutes a facial violation of the New...more

1/20/2015 - Chris Christie Class Action Consumer Fraud Encryption Enforcement Health Insurance Insurance Industry New Legislation PHI Popular Private Right of Action Treble Damages

White House Previews Ambitious (if Familiar) Privacy and Cybersecurity Proposals for 2015

On January 20, 2015, President Obama will address Congress with his annual State of the Union report. On Monday, the president spoke at the Federal Trade Commission, providing a “sneak peek” of the privacy and cybersecurity...more

1/20/2015 - Barack Obama Consumer Privacy Bill of Rights COPPA Cybersecurity FTC HIPAA Legislative Agendas Personal Data Notification and Protection Act Popular Privacy Policy

Cybersecurity Risks Are Higher than Ever and Are Proving Costly

Cybersecurity is an increasing concern for companies. Last April, the UK Department for Business, Innovation & Skills (BIS) published the 2014 information security breaches survey: technical report. The report comprises the...more

1/20/2015 - BIS Cyber Attacks Cyber Threats Cybersecurity Popular UK

Microsoft loses third round of battle against extra-territorial warrants

On 31 July, the chief judge of the Southern District of New York delivered the latest in a series of controversial judgments stemming from a test case brought by Microsoft in an extra-territorial warrant issued under the U.S....more

8/11/2014 - Appeals Apple AT&T Cisco Data Centers EEA Email EU Extraterritoriality Rules Microsoft Order to Stay Stored Communications Act Verizon Warrants

Network Interference: A Legal Guide to the Commercial Risks and Rewards of the Social Media Phenomenon (3rd Edition)

In this edition: - Introduction - Advertising & Marketing - Brand Protection & Reputational Management - Copyright (EU) - Copyright (U.S.) - Data Privacy & Security -...more

4/24/2014 - Copyright Cybersecurity Data Protection EU FDA Social Media Trademarks UK

Is That An Automatic Phone Dialing System In Your Pocket?

In the past three years, courts across the country have seen an explosion in Telephone Consumer Protection Act litigation. In large part, the TCPA has become the darling of the plaintiffs’ bar because its formula for recovery...more

8/6/2013 - Cell Phones FCC Mobile Devices Robocalling TCPA Telecommunications

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