The latest wrinkle in the ever-changing world of data privacy litigation is the recent surge in state wiretap claims. What began as a trickle over the summer of 2020 has grown into a clear wave as plaintiffs have filed dozens...more
Just two days after the Federal Trade Commission (“FTC”) announced a historic settlement of privacy and security claims against Equifax, the FTC today announced that Facebook has agreed to pay $5 billion in civil fines,...more
7/25/2019
/ Cambridge Analytica ,
Consent Order ,
Corporate Structures ,
Data Management ,
Data Privacy ,
Data Protection ,
Facebook ,
Federal Trade Commission (FTC) ,
FTC Act ,
Online Advertisements ,
Personal Data ,
Settlement Agreements ,
Social Media ,
Unfair or Deceptive Trade Practices
Influencer marketing is the popular practice of using individuals with large social media audiences—known as "influencers"—to advertise products and services through their social media accounts....more
10/4/2017
/ Advertising ,
Brand ,
Celebrity Endorsements ,
Disclosure Requirements ,
Endorsements ,
Facebook ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Instagram ,
Marketing ,
Misrepresentation ,
Online Endorsements ,
Snapchat ,
Social Media ,
Twitter ,
Websites ,
YouTube
The European Commission's proposed e-privacy regulation sets forth obligations on handling electronic communications and clarifies obligations for seeking consent for the use of cookies. Meant to bring the e-privacy directive...more
1/13/2017
/ Cookies ,
Corporate Counsel ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Disclosure Requirements ,
e-Privacy Directive ,
Electronic Communications ,
EU ,
Facebook ,
Fines ,
General Data Protection Regulation (GDPR) ,
Google ,
Metadata ,
Mobile Apps ,
Prior Express Consent ,
Privacy Laws ,
Telecommunications ,
WhatsApp
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
The Court of Justice of the European Union (CJEU) has held that the EU Commission's decision establishing the Safe Harbor data transfer framework is invalid because the Commission failed to determine that the protection...more
10/8/2015
/ Binding Corporate Rules ,
Cybersecurity ,
Data Protection Authority ,
Edward Snowden ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
Facebook ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Ireland ,
National Security ,
National Security Agency (NSA) ,
Personal Data ,
Privacy Laws ,
Right to Privacy ,
Safe Harbors ,
Schrems I & Schrems II ,
US-EU 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 ,
Federal Trade Commission (FTC) ,
National Security Agency (NSA) ,
Personal Data ,
PRISM Program ,
Safe Harbors ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
In an opinion that joins an emerging body of case law favoring employee privacy rights, a federal district court in New Jersey recently held that non-public Facebook posts are covered by the Stored Communications Act (SCA)....more