Steven Millendorf

Steven Millendorf

Foley & Lardner LLP

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Latest Publications


FTC Case Against LabMD Dismissed Due to Lack of Harm

This past Friday the 13th was not a lucky day for the Federal Trade Commission (FTC). An Administrative Law Judge (ALJ) dismissed the FTC’s data security enforcement proceeding against LabMD on the grounds that the FTC failed...more

11/20/2015 - Data Protection Data Security Enforcement Actions FTC FTCA LabMD Popular

California Amends Definition of Personal Identifiable Information and Breach Notification Content Requirements

On October 6, 2015, California Governor Jerry Brown signed into law several changes to California’s Data Breach Notification Statute. The law, as amended, adds additional categories of information into the definition of...more

10/12/2015 - Breach Notification Rule Consent Cyber Incident Reporting Cybersecurity Data Breach Data Privacy Data Protection Data Security Encryption Governor Brown New Legislation Personal Data Personally Identifiable Information Popular Third-Party Websites

Europe's Highest Court Invalidates EU - U.S. Safe Harbor Data Sharing Agreement

On October 6, 2015, the European Court of Justice — Europe’s highest court — invalidated the Safe Harbor agreement and framework that has permitted more than 4,000 companies to transfer personal data from the EU to the U.S....more

10/7/2015 - Binding Corporate Rules Data Privacy Data Protection Authority Data Security EU EU Data Protection Laws European Commission European Court of Justice (ECJ) Facebook International Data Transfers NSA Personal Data Prior Express Consent PRISM Program SCC Schrems v Data Protection Commissioner US-EU Safe Harbor Framework

This Is Not Your Father's Oldsmobile: Car Hacking and the SPY Car Act

Not coincidentally, on July 21, 2015, Wired Magazine published an article with groundbreaking evidence of hacking a car wirelessly, and Senators Edward Markey (D-Mass.) and Richard Blumenthal (D-Conn.) introduced legislation...more

7/24/2015 - Auto Manufacturers Cloud Computing Cyber Attacks Cybersecurity Dashboard Data Collection Data Privacy Data Protection Data Retention Data Security FTC Hackers Internet of Things NHTSA Personally Identifiable Information Proposed Legislation Safety Standards Transparency Wireless Technology

FCC Chairman Proposes New TCPA Rules

The FCC is ready to rule on long-standing petitions seeking clarifications of the Telephone Consumer Protection Act and related FCC regulations. On May 27, 2015, FCC Chairman Tom Wheeler circulated a proposed regulatory...more

5/29/2015 - Consent Do Not Call List FCC FTC Popular Revocation Robocalling TCPA Texting Wireless Devices

Blue Pill/Red Pill: How Officers and Board Members Can Swallow the Red Pill and See the Real World of Cybersecurity

Trying to understand how a hacker thinks can twist your brain around – while you normally think about how to make something work or why something is not working, hackers think how to get something to work in ways that it is...more

5/27/2015 - Best Practices Board of Directors Corporate Counsel Corporate Officers Cybersecurity Risk Assessment Risk Mitigation Young Lawyers

Florida Passes Law Requiring Contact Information on Websites

On May 21, 2015, Florida Governor Rick Scott signed the True Origin of Digital Goods Act with bipartisan support in both the United States House of Representatives (House) and Senate. The law requires companies with websites...more

5/25/2015 - Internet Mobile Apps Music Online Videos Websites

Phishing and Spear Phishing: Modern Methods Applied to Age-Old Social Engineering

It may surprise many who have observed the recent media attention of data breaches to learn that in the world of Cybersecurity, sometimes it’s the oldest attacks that find new life when they are applied in new ways. Phishing...more

4/8/2015 - Athletes C-Suite Executives Celebrities Corporate Counsel Cybersecurity Hackers Phishing Scams Popular

Net Neutrality: Fatal Regulation or Neutral Impact?

On February 26, 2015, the Federal Communications Commission (FCC) voted to adopt its Open Internet Order (Order). The Order reclassifies both wired and mobile “broadband Internet access service” as a “telecommunications...more

3/5/2015 - Broadband FCC Internet Service Providers (ISPs) Net Neutrality Telecommunications Telecommunications Act

Is Your Refrigerator Spying on You?

Door locks, cameras, fitness bracelets, home security, thermostats, refrigerators, utility meters, light bulbs, and cars. The list of the things and devices that can collect information about you and send it into the big...more

2/2/2015 - Cybersecurity FTC Internet Internet of Things Legislative Agendas Popular Privacy Concerns

White House Proposes Series of New Cybersecurity Laws and Initiatives

“If we’re going to be connected, we’ve got to be protected.” With those words President Barack Obama unveiled new consumer privacy legislation and new cybersecurity and privacy partnerships between the federal government and...more

1/14/2015 - Barack Obama Cybersecurity FTC Proposed Regulation Security and Privacy Controls

Some Gramm-Leach-Bliley Notices Can Now Be Posted Online

Some banks and other organizations covered under the Gramm-Leach-Bliley Act (GLBA) may now post their privacy policies online rather than having to mail them annually. Earlier this week, the Consumer Financial Protection...more

10/24/2014 - Annual Notices Banks CFPB Final Rules Financial Institutions Gramm-Leach-Blilely Act Notice Requirements Privacy Disclosures

Florida Overhauls Its Data Security Breach Notification Law Effective July 1, 2014

On June 20, 2014 Governor Rick Scott approved the Florida Information Protection Act of 2014, overhauling the requirements and steps companies must follow when faced with a potential or actual security breach resulting in the...more

6/23/2014 - Cybersecurity Data Breach New Regulations Notice Requirements Personally Identifiable Information Popular

White House Issues Two Big Data Reports; Florida Legislature Passes Revamped Breach Notification Law

Yesterday, May 1, was a big day for privacy in the news. The White House issued 2 reports on the privacy implications of Big Data, and the Florida legislature overhauled the state’s security breach notification law,...more

5/2/2014 - Big Data Breach Notification Rule Data Breach Data Protection

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