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New FTC Data Breach Response Guidelines

Cybersecurity should always be at the top of any retailer’s priority list—and even more so as the holiday shopping season gets underway. To that end, the Federal Trade Commission’s newly-released Data Breach Response...more

FTC Publishes Data Breach Response Guidelines

Whether resulting from a planned cyberattack or mere carelessness, data breaches are on the rise. In 2015, 781 data breaches were reported across the United States, with the average breach costing $3.8 million. In 2016, the...more

FTC Provides Nonbinding Materials to Help Businesses Defend Against and Respond to Data Breaches

On October 25, 2016, the Federal Trade Commission (FTC) released its nonbinding “Data Breach Response” guide with an accompanying blog post and video, all directed to help businesses prepare a data breach response plan. The...more

Misleading Terms & Conditions and Unfair Contract Terms: The Italian Competition Authority Opens Two Investigations against...

On 28 October 2016, the Italian Competition Authority (the “Authority”) opened two investigations against WhatsApp Inc. for alleged unfair commercial practices. The first investigation by the Authority alleges that WhatsApp...more

Lessons from the Wells Fargo Scandal

Financial institutions must meet standards for safeguarding customer data given the particularly sensitive information they hold, and regulators have been stepping up their efforts to provide guidance on just how they must do...more

Competition News October 2016

The General Court of the European Union validates the admission of illegally obtained telephone recordings to prove an anticompetitive agreement - In the Goldfish BV e.a. versus Commission case, the General Court of...more

Health Update - October 2016

Defining and Resolving the Provider Data Dilemma - Editor’s Note: Provider data drives the most fundamental processes in the healthcare system. Inaccurate provider data puts patient care and billions of dollars at risk....more

Privacy Tip #50 – FTC Issues Brochure on 10 Ways to Avoid Fraud

With more and more information online, it is easy to accumulate a lot of information about individuals just by using a search engine. Scammers use online information to build profiles of victims and then use different scams...more

Brexit Board Briefing

The world is awash with uncertainty about Brexit. We imagine that you, like most, are sorting through it all. Pillsbury is here to help. Our dedicated Brexit Team is monitoring developments and weighing the legal risks and...more

FTC Increases Maximum Civil Penalties for HSR Act, COPPA, and Other Violations from $16,000 to $40,000

On June 30, 2016, the Federal Trade Commission (FTC) issued an interim final rule that substantially increases the maximum civil penalties for violations of the competition and consumer protection laws enforced by the FTC...more

Dawn raids: How to prepare for, manage, and mitigate the increasing risk to multinational tech companies

Dawn raids and enforcement actions throughout Europe are becoming more and more prevalent. And increasingly, the targets of these raids are multinational tech companies with foreign headquarters, which through their global...more

"Big Data Enters the Agenda of EU Antitrust Authorities"

On May 10, 2016, the French Competition Authority and German Federal Cartel Office published “Competition Law and Data,” a joint report on big data and its implications for competition law. The paper identifies issues that...more

FTC: Data Security Primer for Small Businesses and Start-ups

The Federal Trade Commission will host a one day-conference in Chicago at Northwestern’s Pritzker School of Law on June 15, 2016. This event will be the fourth of the FTC’s Start with Security Events nationwide, which build...more

ABA Antitrust Section’s Spring Meeting—What You Need to Know

The American Bar Association held its 64th annual Antitrust Law Spring Meeting April 5–8, 2016, in Washington, D.C. Over 3,000 practitioners, enforcers, economists and academics from around the world came together to discuss...more

EU Commission Releases First Findings on Geo-Blocking in E-Commerce Sector Inquiry

On 18 March, the European Commission (Commission) published its initial findings on geo-blocking in the framework of its ongoing antitrust sector inquiry into e-commerce. The findings are based on responses to questionnaires...more

EU & Competition Law Update - March 2016

Welcome to March's edition of our EU & Competition Law Bulletin covering recent legal developments impacting upon you and your business: - ..United Kindgdom: Large pay for delay fine imposed by CMA. ..Germany and...more

Privacy Shield or Model Clauses: Which is Better for You?

Yesterday the European Commission released a draft “adequacy decision” on the protection provided by the EU-U.S. Privacy Shield together with the texts that will constitute the EU-U.S. Privacy Shield framework. Once adopted...more

The New Face of Commercial Crime - Cybersecurity Risks for Companies and their Directors

The threat of commercial crime against companies is transforming. Technology has created new and innovative ways for fraudsters to exploit individuals and companies through cyber attacks. This new face of fraud can give rise...more

Information Security and Privacy News: Critical Cybersecurity Policies and Practices After the Settlement Order in FTC v. Wyndham...

Companies are threatened daily by attacks that expose customer credit card and other information stored on company servers, personal computers and other devices. It is, therefore, critical that companies do these three...more

Wyndham Agrees to Settle FTC Data Security Case

After four years of litigation, this past Wednesday, Wyndham Worldwide Corporation and three of its subsidiaries (collectively, “Wyndham”) settled the Federal Trade Commission’s (“FTC”) allegations that the global...more

Corporate E-Note - October 2015

By now, everyone has heard of the Department of Labor’s ("DOL's") proposed rule requiring a weekly salary of at least $970.00, or $50,440.00 annually, for employees to be exempt from the Fair Labor Standards Act's ("FLSA's")...more

Challenging FTC Regulation of Cyber-security After FTC v. Wyndham

The Third Circuit interlocutory decision in Federal Trade Commission v. Wyndham Worldwide Corporation was widely reported as a big win for the Federal Trade Commission (“FTC”). But on closer examination, it was a split...more

It’s Official: FTC Has the Authority to Police Cybersecurity

In a resounding win for the Federal Trade Commission (“FTC”), the Third Circuit unanimously affirmed the FTC’s power to regulate cybersecurity under the unfairness prong of the FTC Act (15 U.S.C. §45). FTC v. Wyndham, Case,...more

Privacy & Cybersecurity Update - August 2015

Third Circuit Affirms FTC’s Authority Over Cybersecurity: In the Wyndham case, the Third Circuit affirmed that the FTC has the authority to regulate cybersecurity under Section 5 of the FTC Act, and that the language of...more

3rd Circuit Says: FTC Can Take Action Against Companies That Suffer Data Security Breaches

Companies can be fined by the federal government for failing to properly safeguard consumer data, according to a decision this week by Pennsylvania's federal appellate court....more

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