Business Torts, Privacy

Laying Foundation for Meta Data and Websites

by Peter Bauman - Senior Associate at Tharpe &... on 5/9/2013

Lawsuits brought in the U.S. that result in judgments against Chinese companies often have problems with enforceability, unless the Chinese company has assets in the US or assets in another country that enforces US judgments....more

Who Owns an Employee’s LinkedIn Account?

by John Martin | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/6/2013

LinkedIn is a social media site catering exclusively to professionals with 200 million registered users in 200 countries. For many businesses, marketing via social media is a critical component to success. Employees use...more

Sheriff Joe Costs Maricopa County Another $1.4M in Lawsuits

by Aaron Kase | Lawyers.com on 5/3/2013

An Arizona developer has settled a lawsuit against Maricopa Country, Arizona Sheriff Joe Arpaio and former County Attorney Andrew Thomas for $1.4 million. Conley Wolfswinkel had filed suit after his office was publicly...more

Safeguards against Data Security Breaches (Part One) [Video]

by Robert Brownstone | Fenwick & West LLP on 3/19/2013

With data security breaches dominating the headlines and a rising number of employees taking advantage of BYOD, or bring your own device to work policies, businesses have found themselves vulnerable to targets by hackers,...more

SEC v. Hackers: More Cybersecurity Enforcement On The Horizon?

by Robert Cohen, Katherine Lubin, Danielle Van Wert | Orrick - Securities Litigation and Regulatory... on 3/5/2013

Cybersecurity may be the SEC’s newest area for enforcement actions. While the SEC first released Disclosure Guidance concerning cybersecurity in 2011, the recent media attention surrounding significant cybersecurity breaches...more

Buying Competitor's Names As Keywords Does Not Violate Wisconsin's Privacy Law

by Balough Law Offices, LLC on 2/28/2013

A personal injury law firm can buy search terms using the names of a competing law firm’s partners without violating Wisconsin’s privacy laws because the use of the names is “non-visible,” an appellate court found. The...more

Missouri Uniform Trade Secrets Act Does Not Protect Customer Information Insufficiently Guarded or Which is not Truly "Trade...

by Williams Venker & Sanders on 2/20/2013

In this case, a corporate successor, Central Trust Investment Company (hereafter also "Central Trust") sued the former employee (Kennedy) of its acquired company, Springfield Trust & Investment Company (hereafter also "STC"),...more

Three Key Data Retention Questions [Video]

by Robert Brownstone | Fenwick & West LLP on 1/22/2013

Your company has been sued – what do you need to consider to comply with data preservation requirements? How do you address litigation holds, ediscovery and data retention? Robert Brownstone, litigation attorney and chair of...more

New Jersey's Medical Marijuana Law Impacts Employers

by CJ (Candida) Griffin, Esq. on 1/14/2013

The New Jersey Compassionate Use Medical Marijuana Act raises a slew of issues for employers that have yet to be fully explored and resolved in litigation. New Jersey employers must have an ongoing relationship with an...more

Jurisdiction for an International Computer Fraud Lawsuit?

by Shawn Tuma on 1/12/2013

The proper jurisdiction for suing someone for engaging in computer fraud from a foreign country, directed at a company in the United States, is the place where the wrongfully accessed computer server is located if the...more

Enforceable On-Line Terms of Service

by Peter Bauman - Senior Associate at Tharpe &... on 1/7/2013

If your company uses a browsewrap license agreement on your website, it may not be legally binding on site visitors. That’s the message from a recent case, In re Zappos.com Inc., Customer Data Security Breach Litigation,...more

Mobile App Privacy Developments In California

by Robert Freedman - Partner at Tharpe & Howell,... on 12/31/2012

The Attorney General of California has begun sending non-compliance letters to mobile app developers who are not complying with the State’s privacy laws because their apps do not have a privacy policy. The apps targeted are...more

Raising Expert Testimony Standards

by Peter Bauman - Senior Associate at Tharpe &... on 12/28/2012

We previously reported on Sargon Enterprises v. Univ. of Southern California (November 26, 2012) in which the California Supreme Court made clear that expert testimony regarding lost profits may not succeed if it is too...more

FTC. v. Wyndham Litigation

by Robert Freedman - Partner at Tharpe & Howell,... on 12/25/2012

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

Trust in On-Line Advertising

by Robert Freedman - Partner at Tharpe & Howell,... on 12/24/2012

It’s no surprise that people trust online reviews from consumers more than traditional advertisements. After all, advertisements are created by the company selling a product of service, whereas third party reviews are by...more

Data Privacy And Protection Efforts Start With A Company Policy, But Don’t End There

by Robert Freedman - Partner at Tharpe & Howell,... on 12/17/2012

If your company has a data privacy policy in place, make sure you live up to its provisions. Failure to do so makes it more likely that the Federal Trade Commission (“FTC”) will pursue an enforcement action against the...more

California Employment Bill Recap

by Robert Freedman - Partner at Tharpe & Howell,... on 12/11/2012

California legislators have been active passing several employment law bills that impact local businesses in recent months. Here’s a recap of some with brief summaries. Legal counsel should be sought for a complete...more

Preventing Unfair Competition In The Absence Of A Non-compete Agreement

by Robert Freedman - Partner at Tharpe & Howell,... on 12/10/2012

You’ve read the tile of this article. There it is, up above. Let me repeat: Preventing Unfair Competition in the Absence Of A Noncompete Agreement What I really want you to focus on is the last part. The part that reads:...more

Mobile App Privacy Developments In California

by Peter Bauman - Senior Associate at Tharpe &... on 12/7/2012

The Attorney General of California has begun sending non-compliance letters to mobile app developers who are not complying with the State’s privacy laws because their apps do not have a privacy policy. The apps targeted are...more

Development In Social Media Discovery

by Robert Freedman - Partner at Tharpe & Howell,... on 12/4/2012

Social media postings, messages and records are subject to discovery in lawsuits. But like other forms of discovery, there are limits. Courts don’t like fishing expeditions and will use state and federal laws to deny...more

Privacy Enforcement By California Attorney General’s Office

by Robert Freedman - Partner at Tharpe & Howell,... on 12/3/2012

California takes citizen privacy rights seriously. That’s the unmistakable message communicated by a recent announcement that the Office of the Attorney General of California is creating a Privacy Enforcement and...more

FTC. v. Wyndham Litigation

by Peter Bauman - Senior Associate at Tharpe &... on 11/30/2012

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

Reducing Cyber Risk

by Robert Freedman - Partner at Tharpe & Howell,... on 11/27/2012

The European perspective on managing cyber risk is valuable for US companies operating internationally and also as risk management guidance when operating in the US. Recently, an arm of the UK Government Communication...more

Who’s Liable For Vendor’s CAN-SPAM Violation?

by Peter Bauman - Senior Associate at Tharpe &... on 11/23/2012

The CAN-SPAM act sets legal rules for commercial E-Mail and includes various provisions that apply to “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial...more

Data Privacy And Protection Efforts Start With A Company Policy, But Don’t End There

by Peter Bauman - Senior Associate at Tharpe &... on 11/20/2012

If your company has a data privacy policy in place, make sure you live up to its provisions. Failure to do so makes it more likely that the Federal Trade Commission (“FTC”) will pursue an enforcement action against the...more

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Business Torts › Privacy

Laying Foundation for Meta Data and Websites

Who Owns an Employee’s LinkedIn Account?

Sheriff Joe Costs Maricopa County Another $1.4M in Lawsuits

Safeguards against Data Security Breaches (Part One) [Video]

SEC v. Hackers: More Cybersecurity Enforcement On The Horizon?

Buying Competitor's Names As Keywords Does Not Violate Wisconsin's Privacy Law

Missouri Uniform Trade Secrets Act Does Not Protect Customer Information Insufficiently Guarded or Which is not Truly "Trade...

Three Key Data Retention Questions [Video]

New Jersey's Medical Marijuana Law Impacts Employers

Jurisdiction for an International Computer Fraud Lawsuit?

Enforceable On-Line Terms of Service

Mobile App Privacy Developments In California

Raising Expert Testimony Standards

FTC. v. Wyndham Litigation

Trust in On-Line Advertising

Data Privacy And Protection Efforts Start With A Company Policy, But Don’t End There

California Employment Bill Recap

Preventing Unfair Competition In The Absence Of A Non-compete Agreement

Mobile App Privacy Developments In California

Development In Social Media Discovery

Privacy Enforcement By California Attorney General’s Office

FTC. v. Wyndham Litigation

Reducing Cyber Risk

Who’s Liable For Vendor’s CAN-SPAM Violation?

Data Privacy And Protection Efforts Start With A Company Policy, But Don’t End There

Safeguards against Data Security Breaches (Part One) [Video]

Three Key Data Retention Questions [Video]

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