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Cybersecurity Litigation Monthly Newsletter

As we discussed in July, Tiversa, a “cyber-intelligence” company, notified the FTC in 2009 that a file containing the personal information of about 9,300 LabMD patients was available on a peer-to-peer file sharing network....more

Enforcement Action – FTC Is Not Backing Down and Laboratory Company Goes After a Cyber-Intelligence Company

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is not the only government arm that enforces data breaches. The Federal Trade Commission (FTC) has broad authority to regulate the security of...more

No Judicial Review of FTC Jurisdiction until the Agency Takes a Final Action

Companies that handle personal data may need to litigate an FTC enforcement action to its conclusion before a court will review the Commission's jurisdiction to commence the enforcement action in the first place....more

Part III: Has Congress Spoken and Does It Really Matter? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police...

In the first and second parts of this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp. and then focused on whether the FTC has given “fair notice” to...more

FTC Data Security Authority Confirmed, For Now: Wyndham’s Motion to Dismiss Denied

The FTC’s Claim - A New Jersey federal judge has confirmed the Federal Trade Commission’s (“FTC”) authority to regulate data security and bring claims against companies suffering data breaches due to inadequate...more

Part II: Fair Notice or No Notice? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data Security

In our first blog in this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp., in which Judge Salas confirmed the FTC’s authority to bring enforcement actions...more

Has the FTC Met Its Match?

Companies across the Country should be following the Federal Trade Commission’s (“FTC”) civil suit brought against Wyndham Worldwide Corporation and Wyndham Hotels and Resorts, LLC (“Wyndham”) entitled Federal Trade...more

With Complaint Against LabMD, FTC Continues to Flex Enforcement Muscle on Data Security

The Federal Trade Commission recently filed another complaint against a company for alleged data security lapses. As readers of this blog know, the FTC has initiated numerous lawsuits against companies in various industries...more

Wyndham Case Challenges FTC’s Authority Over Cybersecurity

Over the past decade the Federal Trade Commission has brought cybersecurity enforcement actions against various private companies, imposing tens of millions of dollars in monetary penalties and requiring companies to maintain...more

FTC’s Authority to Police Data Security Practices Challenged

Hotelier Wyndham Worldwide Corp’s motion to dismiss an FTC lawsuit alleging lax data security practices is likely to have significant implications for the agency’s ability to police cybersecurity practices at American...more

EPIC: Hearing on FTC Nominee Should Address FTC's Settlement Process for Privacy Violations

In a letter to the Senate Commerce Committee, EPIC has recommended that Congress require the Federal Trade Commission to consider more carefully the public's views on proposed privacy settlements. EPIC also recommended that...more

Health Care Legal News - November 28, 2012 • Volume 2, Number 10

In This Issue: - Medicare Finalizes 2013 Physician Payment Schedule - Ohio Court Rules That A Court CAnnot Compel A Terminated Employee To Return PHI To The Former Employer - Insurer’s Antitrust Action AGainst...more

FTC. v. Wyndham Litigation

The Federal Trade Commission (“FTC”) has been active in recent years pursuing companies that suffer data security breaches and arguably failed to live up to the data security standards promised in their privacy policies....more

Wyndham Motion Puts the FTC on the Defensive

Wyndham Hotel & Resorts LLC (“Wyndham”) has filed a Motion to Dismiss the Federal Trade Commission’s (the “FTC”) Complaint against it, which alleges that Wyndham committed unfair and deceptive acts related to three data...more

Social Media Risks and Compliance

Companies continue to access social media sites to monitor employees and assess job applicants. They do so in the face of increasing risks. Federal and state laws and regulations are rapidly changing as social media use by...more

Three Point Shot - July 2012

In This Issue: - Ex-Footballers Sacked on First Play from Scrimmage in Antitrust Lawsuit Against the NCAA - OMG! LOLs No Longer Cause for SMH from the NCAA - Not Quite Harvard v. Yale (1968), ESPN Wins When...more

FTC Settles FCRA Charges Against Data Broker

On June 12, the FTC announced that a data broker agreed to settle charges that it marketed and sold consumer profiles to companies engaged in human resources, background screening, and recruiting without taking steps to...more

Eye on Privacy - May 2012

Welcome to the inaugural issue of Eye on Privacy. Privacy and data security may very well be among the most pressing issues facing companies today, especially given the dynamic regulatory landscape. In just the past few...more

Georgia Governor Signs Sweepstakes Bill, Myspace Settles Privacy Charges with FTC

Georgia's governor signed Senate Bill 431, a bill intended to regulate Internet cafes by prohibiting "any promotion involving an element of chance which involves the playing of a game on a computer, mechanical device, or...more

New FTC Report Recommends Changes to United States Privacy Law

On March 26, 2012, the Federal Trade Commission ("FTC") issued its final report on consumer privacy in the United States, entitled Protecting Consumer Privacy in an Era of Rapid Change:Recommendations for Businesses and...more

SEC and CFTC Propose Identity Theft Red Flag Rules

On March 6, 2012, the SEC and CFTC jointly proposed rules (the “Proposal”) that would require registered broker-dealers, investment companies, investment advisers, commodity trading advisors, commodity pool operators and...more

FTC Unveils Its Privacy Framework

The Federal Trade Commission has just issued its long-awaited final report revealing its framework on privacy, “Protecting Consumer Privacy in an Era of Rapid Change – Recommendations for Businesses and Policymakers.” The...more

Smart Grid Technology Implicates New Privacy Concerns

The smart grid is an advanced metering infrastructure made up of “smart meters” capable of recording detailed and near-real time data on consumer electricity usage. That data would then be sent to utilities through a...more

FTC Finalizes Consumer Privacy Recommendations, Notes Mobile Issues

On March 26, the FTC released an anticipated report on consumer privacy, calling on all companies to adopt certain practices to protect consumers’ private information. The final report outlines three basic principles: (i)...more

FTC Releases Recommendations for Business and Policymakers

On March 26, 2012, the FTC released its final report titled “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Business and Policymakers.” The report reflects feedback from the FTC’s privacy...more

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