Philip Yannella

Philip Yannella

Ballard Spahr LLP

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Court: Stored Communications Act Warrant Cannot Be Used to Seize Data Held Overseas

In a case that may have significant impact for companies providing public Internet and cloud services, the Second Circuit has ruled that a federal court may not issue a criminal warrant ordering a U.S. company to produce...more

7/20/2016 - Cloud Computing Criminal Investigations e-Discovery Electronically Stored Information Email Extraterritoriality Rules Internet Service Providers (ISPs) Ireland Microsoft Popular Privacy Concerns Search Warrant Stored Communications Act Subpoenas

Ninth Circuit Vastly Expands Scope of Criminal, Civil Liability for Computer Fraud

In a pair of highly anticipated decisions, the Ninth Circuit significantly reshaped criminal and civil liability under the federal Computer Fraud and Abuse Act (CFAA). The court’s recent decisions in United States v. Nosal...more

7/18/2016 - Civil Liability Computer Fraud and Abuse Act (CFAA) Confidential Information Criminal Liability Data Security Economic Espionage Act Electronically Stored Information Facebook Former Employee Misappropriation Passwords Popular Trade Secrets Unauthorized Access US v Nosal Websites

International Regulators Issue Cybersecurity Guidance to the Financial Industry

The Bank for International Settlement (BIS) Committee on Payments and Market Infrastructures (CPMI) and the International Organization of Securities Commissions (IOSCO) last week issued the first internationally agreed-upon...more

7/7/2016 - BIS Committee on Payments and Market Infrastructure (CPMI) Corporate Governance Cyber Attacks Cybersecurity Financial Institutions Financial Markets Financial Sector Gramm-Leach-Blilely Act IOSCO New Guidance Risk Management

Cybersecurity, Use of Internet of Things Technology Concern Manufacturers

Powered in part by the growing use of Internet of Things (IoT) technologies, cybersecurity has surged to become one of the leading concerns for global manufacturers, according to a recently released study....more

6/28/2016 - Cyber Attacks Cybersecurity Data Breach Hackers Internet of Things Malware Manufacturers Popular Supply Chain

Class Certification Improper in Data Breach Case, PA Appellate Court Finds

The Pennsylvania Superior Court has affirmed a trial court's decision denying class certification in a data breach case against two health plans, reversing its own earlier ruling in the same case that the plaintiff did not...more

5/5/2016 - Class Action Class Certification Corporate Counsel Data Breach Data Security Health Insurance Insurance Industry Personally Identifiable Information PHI

European Parliament Adopts EU General Data Protection Regulation; 12 Steps Businesses Should Take Now

The European Parliament has voted to adopt the draft text of the General Data Protection Regulation (GDPR), which imposes enhanced requirements on organizations processing personal data in the European Union and transferring...more

4/21/2016 - EU EU Data Protection Laws General Data Protection Regulation (GDPR) International Data Transfers Personal Data Policies and Procedures Popular

EU-U.S. Privacy Shield Framework Text Published: Imposes New Obligations on U.S. Entities that Seek Data Transfers from the EU

The European Commission (EC) has released details of the EU-U.S. Privacy Shield, a new framework under which personal data may be transferred from the European Union (EU) to the United States. The Privacy Shield replaces the...more

3/9/2016 - Data Protection Data Protection Authority EU EU-US Privacy Shield European Commission FTC International Data Transfers Personal Data

CFPB Initiates Its First Data Security Enforcement Action

The Consumer Financial Protection Bureau (CFPB) has announced its first data security enforcement action. Since the 1990s, the Federal Trade Commission (FTC) has primarily taken on the role as the de facto federal regulator...more

3/4/2016 - CFPB Data Security Dwolla Enforcement Actions Gramm-Leach-Blilely Act Online Payments PCI-DSS Standard UDAAP

California Data Breach Report Defines “Reasonableness” Standard for Data Protection

Nearly three in five Californians were victims of a data breach in 2015, according to a report released by state Attorney General Kamala D. Harris. The report adopts minimum standards of ''reasonable security'' for personal...more

3/4/2016 - Cyber Attacks Data Breach Data Security Personally Identifiable Information PHI Popular Risk Management

President Obama Gives EU Citizens Judicial Redress for Privacy Violations

The Judicial Redress Act (Act), signed into law on February 24, 2016, by President Obama, extends the privacy protections offered to U.S. citizens under the Privacy Act of 1974 to citizens of ''covered countries'' overseas....more

3/2/2016 - EU EU-US Privacy Shield International Data Transfers Judicial Redress Act Personal Data US-EU Safe Harbor Framework

President Creates Cybersecurity National Action Plan and Commission on Enhancing National Cybersecurity

President Obama's Cybersecurity National Action Plan (CNAP), a comprehensive plan to address the nation's cybersecurity challenges through increased funding, a more robust cybersecurity workforce, and education initiatives,...more

2/25/2016 - CISO Cybersecurity Cybersecurity National Action Plan (CNAP) Data Protection Executive Orders Information Technology Obama Administration Popular

DOJ/DHS Issue Interim Guidance on Implementation of Cybersecurity Information Sharing Act

The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have released Interim Guidance Documents (Guidance Documents) to implement the Cybersecurity Information Sharing Act of 2015 (CISA). The Act...more

2/24/2016 - Cybersecurity Cybersecurity Information Sharing Act (CISA) DHS DOJ Information Sharing Interim Guidance NCCIC Popular

From Safe Harbor to Privacy Shield: New EU-U.S. Agreement for Transatlantic Data Flows

The European Commission (EC) and the U.S. Department of Commerce have reached an agreement to create a framework for transfers of personal data from the European Union to the United States. The framework, named the EU-U.S....more

2/10/2016 - Article 29 Working Party (WP29) CJEU Data Protection Authority EU EU-US Privacy Shield FTC International Data Transfers Personal Data Safe Harbors Schrems v Data Protection Commissioner

FDA Issues Draft Guidance on Cybersecurity for Postmarket Medical Devices

The Food and Drug Administration's (FDA) most recent draft guidance focuses on cybersecurity in postmarket medical devices and makes recommendations for identifying, assessing, and responding to cybersecurity vulnerabilities....more

1/28/2016 - Cybersecurity FDA Medical Devices

Use of Big Data May Violate Federal Consumer Protection Laws, FTC Report Warns

A new Federal Trade Commission (FTC) report, "Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues," warns that certain uses of big data consisting of consumer information may implicate various federal...more

1/27/2016 - Analytics Big Data Discrimination ECOA FCRA FTC Popular

LifeLock to Pay $100 Million to Settle Charges it Violated 2010 Court Order

The Federal Trade Commission (FTC) recently approved a $100 million settlement with LifeLock, Inc. to resolve allegations that it violated a 2010 federal court order by failing to take steps required to protect its users’...more

12/28/2015 - Contempt Data Protection False Advertising FTC LifeLock Settlement Unfair or Deceptive Trade Practices

FTC Takes Action against App Developers on COPPA Allegations Involving Persistent Identifiers

The FTC has announced enforcement actions against two app developers that allegedly violated the Children’s Online Privacy Protection Act (COPPA) by using persistent identifiers to serve advertising to children. The...more

12/28/2015 - COPPA Data Collection Enforcement Actions FTC Mobile Apps Online Safety for Children Persistent Identifiers Popular

ACC releases largest study of its kind on cybersecurity preparedness among in-house counsel

The Association of Corporate Counsel Foundation (ACC) released a State of Cybersecurity report on December 9, 2015. Ballard Spahr was the only law firm that served on the advisory board for the study and helped to formulate...more

12/10/2015 - Corporate Counsel Cybersecurity Framework In-House Perspective

ACC Foundation Releases Largest Study of its Kind on Cybersecurity Among In-House Counsel Study Underwritten by Ballard Spahr

The Association of Corporate Counsel Foundation (ACC) released a State of Cybersecurity report underwritten by Ballard Spahr on December 9, 2015. The report provides valuable insights on cybersecurity issues from more than...more

12/10/2015 - Corporate Counsel Cybersecurity Framework Data Breach FTC In-House Perspective

President Signs Bill Creating Exception to GLBA Annual Notice Requirement

An amendment creating an exception to the annual privacy notice delivery requirement for financial institutions has been signed into law by President Obama as part of the “Fixing America’s Surface Transportation Act” (FAST...more

12/9/2015 - Financial Institutions Fixing America’s Surface Transportation Act (FAST Act) Gramm-Leach-Blilely Act Privacy Notice Rule Regulatory Oversight

Company Prevails in Challenge to FTC Data Security Complaint

A recent decision by the Federal Trade Commission (FTC) Chief Administrative Law Judge (ALJ) dismissed the FTC’s complaint against LabMD, Inc. (LabMD) asserting the company’s alleged failure to protect consumer data in two...more

12/1/2015 - ALJ Data Protection FTC LabMD Personally Identifiable Information Popular

NY DFS Proposes New Cybersecurity Regulations for Financial Institutions

The New York Department of Financial Services (NYDFS) has distributed a letter to various federal and state regulatory agencies and associations proposing the development of new cybersecurity regulations for financial...more

11/24/2015 - Cybersecurity Framework FFIEC Financial Institutions NYDFS Regulatory Oversight

California Updates Data Breach Notification Statute

Three bills that will update California’s data breach notification requirements have been signed into law by Governor Jerry Brown. The bills impose specific requirements on providing breach notification to consumers, add a...more

10/20/2015 - Automatic License Plate Readers Breach Notification Rule Compliance Cyber Attacks Cyber Crimes Data Breach Encryption Hackers New Legislation Personal Data Personally Identifiable Information Posting Requirements Privacy Laws Surveillance

Pennsylvania Data Breach Class Action Survives Motion to Dismiss

A federal judge in Pennsylvania has allowed a data breach class action against Coca-Cola and several bottling companies to proceed, finding that the plaintiff has Article III standing even though he had left Coca-Cola’s...more

10/7/2015 - Article III Civil Conspiracy Clapper v. Amnesty International Class Action Coca Cola Data Breach Fraudulent Charges Identity Theft Injury-in-Fact Misrepresentation Motion to Dismiss Personally Identifiable Information Standing

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