Philip Yannella

Philip Yannella

Ballard Spahr LLP

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Latest Publications


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

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

European Court of Justice May Invalidate Safe Harbor Framework

In a landmark decision that threatens to undo the process by which American companies handle personal data flowing from the European Union, the Advocate General (AG) of the European Court of Justice (ECJ) issued an advisory...more

10/1/2015 - Advocate General Better Business Bureau Cybersecurity Data Protection Data Security Data Transfers Edward Snowden EU Data Protection Laws European Court of Justice (ECJ) Facebook FTC NSA Personal Data PRISM Program Safe Harbors U.S. Commerce Department US-EU Safe Harbor Framework

NIST Guide Highlights Cybersecurity Considerations for Utilities and Manufacturing Companies

In 2013 alone, the U.S. Department of Homeland Security (DHS) and its Industrial Control Systems Cyber Emergency Response Team (ICS-CERT) responded to more than 256 cyber-incident reports—more than half of them in the energy...more

8/24/2015 - Aerospace Automotive Industry C-Suite Executives Critical Infrastructure Sectors Cyber Attacks Cyber Crimes Cybersecurity Data Breach Data Protection Data Security DHS Energy Sector Hackers Information Technology Internet Manufacturers NIST Oil & Gas Pharmaceutical Industry Popular Transportation Corridor Wastewater Water

Seventh Circuit Green Lights Data Breach Class Action Against Neiman Marcus

An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority of...more

7/29/2015 - Adobe Article III Class Action Credit Cards Cyber Attacks Cyber Crimes Data Breach Hackers Identity Theft Invasion of Privacy Negligence Neiman Marcus Standing

DOJ Cracks Down on Cyber Criminals

The Department of Justice (DOJ) recently announced the largest coordinated international law enforcement effort ever directed at an online cyber-criminal forum. Financial institutions and other companies should consider...more

7/24/2015 - Best Practices Criminal Prosecution Cyber Crimes Cybersecurity DOJ Enforcement Actions FBI Financial Institutions Hackers Malware New Guidance NIST

Penn Study Unlikely to Result in Flood of Fracking Lawsuits

A recently released study from scientists at the University of Pennsylvania suggests a link between hydraulic fracturing ("fracking") for gas and oil and cardiac and neurological illnesses. Whether the report triggers a rash...more

7/17/2015 - Air Pollution Fracking Hydraulic Fracturing Study Oil & Gas Popular Public Health Toxic Exposure

FTC Follows in CFPB Footsteps with GLBA Privacy Notices

The Federal Trade Commission (FTC) recently proposed amendments to its Gramm-Leach-Bliley Act (GLBA) rules requiring motor vehicle dealers to send their customers an annual privacy notice. The amendments would allow motor...more

6/23/2015 - Automotive Industry Car Dealerships CFPB Disclosure Requirements FTC Gramm-Leach-Blilely Act Notice Requirements Privacy Policy Proposed Amendments Rulemaking Process Websites

Pennsylvania Court Rejects Request to Create Common Law Duty to Protect Sensitive Personal and Financial Information

A Pennsylvania judge has dismissed a class action arising out of the breach of confidential employee information, adding to a growing body of state courts that have found that negligence claims alleging failure to provide...more

6/5/2015 - Class Action Data Breach Dismissals Negligence Personally Identifiable Information

FTC Announces Settlement with Retail Tracking Company

The Federal Trade Commission recently announced a proposed settlement with a retail tracking company to resolve charges that the company’s privacy policy misled consumers about their ability to opt out of the company’s...more

4/29/2015 - FTC Mobile Devices Mobile Privacy Privacy Policy Retailers Settlement Web Tracking

New York Agency’s Report Focuses on Data Vulnerability of Banks’ Third-Party Vendors

The New York State Department of Financial Services (NYDFS) recently issued a report identifying common cybersecurity issues and concerns caused by the failure of some banks to sufficiently manage vulnerabilities posed by...more

4/14/2015 - Banks Cybersecurity Information Reports NYDFS Third-Party Service Provider

FDA Issues Guidance on Mobile Medical Devices

The Food and Drug Administration’s recent guidance on mobile medical applications illustrates the FDA’s growing efforts to combat emerging cybersecurity issues that affect patient safety. The guidance, issued in February...more

4/1/2015 - Cybersecurity Diagnostic Method FDA Mobile Apps Mobile Medical Applications New Guidance Physicians Popular

President Obama Proposes Consumer Privacy Bill of Rights

President Obama has finally revealed the text of draft legislation that would establish “baseline protections” for consumers under a proposed Consumer Privacy Bill of Rights. The bill would impose new legal requirements on...more

3/9/2015 - Barack Obama Consumer Privacy Bill of Rights Discussion Draft Proposed Legislation

Anthem's Breach: How Employers Should Respond

With the news of the breach of security at Anthem health plans, many employers have been wondering whether their employees are affected and how they should respond. The breach extends to members in Anthem-affiliated plans and...more

2/11/2015 - Anthem Blue Cross Cyber Attacks Cybersecurity Data Breach Health Insurance Insurance Industry Personally Identifiable Information Popular

Internet of Things: Federal Agencies Offer Privacy and Data Security Best Practices

The recently released Federal Trade Commission staff report, Internet of Things: Privacy & Security in a Connected World, provides companies with insight into the FTC's consumer privacy and data security expectations for the...more

1/30/2015 - Best Practices Cybersecurity Data Protection FTC Internet Internet of Things Popular

NY Attorney General To Propose Bill To Strengthen Cybersecurity

New York Attorney General Eric Schneiderman is proposing an "overhaul [of] New York's data security law [that would] require new and unprecedented safeguards for the personal data of consumers." The proposal would create new...more

1/28/2015 - Attorney Generals Breach Notification Rule Cybersecurity Data Protection Personally Identifiable Information Proposed Legislation

President Obama’s 2015 Priorities Include Cybersecurity

During his recent State of the Union address, President Obama called on Congress “to finally pass the legislation we need to better meet the evolving threat of cyber attacks, combat identity theft, and protect our children’s...more

1/26/2015 - Barack Obama CFAA Consumer Privacy Bill of Rights Cyber Attacks Cybersecurity Federal Breach Notification Standard Information Sharing Legislative Agendas Student Digital Privacy Act

Pennsylvania Supreme Court Declines To Adopt Restatement (Third) of Torts

In a long-awaited opinion, the Pennsylvania Supreme Court has recently declined to adopt the Restatement (Third) of Torts in product liability cases, ruling instead that the strict liability regime of the Restatement (Second)...more

11/24/2014 - Negligence Strict Liability

Phishing Attacks Target University Employee Payroll Information

In a recent advisory, the Research and Education Networking Information Sharing and Analysis Center (REN-ISAC) warned higher education institutions about sophisticated phishing attacks that target faculty and staff...more

11/17/2014 - Cybersecurity Payroll Records Phishing Scams Popular Universities

Federal Court Addresses Frequently Overlooked Nuances of Electronic Document Production

U.S. Magistrate Judge Paul S. Grewal of the Northern District of California recently issued an order in Venture Corp., Ltd. v. Barrett shedding light on the meaning of two Federal Rules of Civil Procedure governing document...more

10/31/2014 - Discovery Document Productions Federal Rules of Civil Procedure

Massive Hacking Operation Further Reveals Weakness of Passwords

A small private cybersecurity firm recently revealed that a Russian computer hacking organization amassed more than 1.2 billion username and password combinations. The data was collected across a wide swath of websites, from...more

8/12/2014 - Cybersecurity Data Protection Hackers Passwords Popular Russia

Proposed Changes to Civil Rules Could Limit Scope of eDiscovery

The Advisory Committee on Civil Rules recently approved amendments to the Federal Rules of Civil Procedure addressing, among other things, eDiscovery. Although some of the Advisory Committee’s proposed revisions lessen the...more

5/2/2014 - Corporate Counsel Federal Rules of Civil Procedure Proposed Amendments Rule 26 Rule 37

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