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Issuer Banks’ Claims in Target Data Breach Litigation Survive Motion to Dismiss

Federal District Judge Paul Magnuson has ruled that banks that issued credit and debit cards to customers whose data was stolen in the December 2013 Target data breach could continue to litigate claims against Target for...more

Increasing Risks of Fraud; Compliance Failures; A Willingness to be Unethical

Cyber security, corruption and unethical behavior pose significant risks for business enterprises, according to a new survey by EY titled “Overcoming Compliance Fatigue’. At the same time business organizations may be...more

Fraudulent use of a service by hackers – a lesson for service providers

A recent case contains some salutary lessons for service providers concerning liability for fraudulent use of their services. It appears that unless the contract has clear terms to the contrary then the service provider, not...more

Shareholder derivative action against Wyndham Worldwide directors for data breaches

Hot on the heels of our recently released publication, ‘Cyber risks and the impact on company directors’, it has been revealed that a shareholder has commenced a derivative action in the district of New Jersey (USA) against...more

Cyber Risks for the Boardroom Part 2: Why Corporate Directors Should be Concerned About Data Security Breaches

All this week, we are featuring a series “Cyber Risks – Director Liability and Potential Gaps in D&O Coverage” Part 2 of 5: Why Directors Should Be Concerned...more

On the 11th Day of Privacy, class counsel served on me……

. . . a data breach class action. Hackers and plaintiffs’ lawyers could combine to make 2014 the year when class actions concerning theft of sensitive information proliferate. On this 11th Day of Privacy, we look...more

Three Steps That Allow Companies to Use the Computer Fraud and Abuse Act for Misuse of Computers and Information – Even in the...

Key Takeaway: Companies that follow these 3 steps can use the Computer Fraud and Abuse Act as a tool to combat the misuse of their computers (and information) by (1) actively monitoring for misuses, (2) taking reasonable...more

Right Of Privacy Claim Survives Summary Judgment Based On Oral Disclosure in Workplace

In Ignat v. Yum! Brands (March 18, 2013) an employee claimed a violation of her right of privacy when her supervisor publicly disclosed to coworkers her bipolar condition. The trial court granted summary judgment to the...more

Unique Privacy Concerns for Mobile Apps [Video]

With the rise of BaaS (or Backend as a service) platforms, it is easier than ever to create a mobile app on the fly. But Fenwick privacy co-chair Tyler Newby advises that companies should be aware of some important privacy...more

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

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?

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

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

Jurisdiction for an International Computer Fraud Lawsuit?

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

FTC Report Outlines New Privacy Framework For Handling Consumer Data

The Federal Trade Commission (FTC) issued a report in March 2012 setting forth best practices for businesses to protect the privacy of American consumers and give them greater control over the collection and use of their...more

Will News Corp. Executives and Reporters Be Charged with Criminal Violations of the Computer Fraud and Abuse Act?

The New York Times recently reported that the UK telephone hacking scandal could result in News Corp. and its executives being charged in the United States with criminal violations of the Foreign Corrupt Practices Act, Title...more

3 Recent Computer Fraud and Abuse Act Cases Worth Noting

Three recent Computer Fraud and Abuse Act (“CFAA”) cases decided over the last couple of months are worth looking at because they show the following points, respectively: (1) the CFAA in its current form does not give...more

9th Circuit Rules For Employers In Protecting Trade Secrets

More often than not when a management law firm informs its clients of recent case developments, the news is not good. This is an exception. The U.S. Court of Appeals for the 9th Circuit recently decided a case which offers...more

When employees disparage their employer on social networks: practical tips

Outside the arena of unionized shops, the employee still has the 1st Amendment right of freedom of speech; and the employer still has the privilege under the employment-at-will doctrine to fire the employee for any lawful...more

Will France adopt a law requiring the notification of security breaches? (by Marie-Andrée Weiss & Cédric Laurant)

A French bill “to better guarantee the right to privacy in the digital age” has implemented the European Directive 2009/136/EC by requiring the data controller to inform the “Data Protection Correspondent” (a person within an...more

La France va-t-elle se doter d’une loi rendant obligatoire les notifications des violations de sécurité ? (par Marie-Andrée Weiss...

La proposition de loi française “visant à mieux garantir le droit à la vie privée à l’heure du numérique” transpose la Directive 2009/136/CE en obligeant les responsables de traitements de données à caractère personnel...more

Are ‘Clouds’ Located Outside the European Union Unlawful? (by Marie-Andrée Weiss & Cédric Laurant)

A central aspect of every cloud service contract is the security of data processing. It is therefore important, if only for liability reasons, that responsibility for specific security measures be clearly assigned. This can...more

Dismissal of CFAA Claims for Lack of Jurisdiction

The Computer Fraud and Abuse Act (“CFAA”) is the omnibus federal computer crime statute outlawing theft and destruction of data, hacking, use of viruses, theft of passwords and extortionate threats to damage computers. 18...more

Canada May Soon Have a Data Breach Law (by Marie-Andrée Weiss & Cédric Laurant)

Canadian Industry Minister Tony Clement introduced a bill on May 25, the Safeguarding Canadian’s Personal Information Act (C-29), which would amend Canada’s national privacy legislation, the Personal Information and...more

Advertising Law - January 7, 2010

IN THIS ISSUE: *Thomas C. Morrison, Prominent False Advertising, Lanham Act Litigator Joins Manatt in New York *Manatt Attorneys Take Center Stage at Leading Industry Events *ISP Wide Open West Charged With Installing...more

Piercing the Registrant’s Veil - Trademark Infringement on the Internet, Identifying and Pursuing Infringers, and the Pros and...

The pursuit of trademark infringers on the Internet, specifically the use of a party’s trademark by an unauthorized second party, poses problems that are unique in trademark infringement law. How do you uncover who is the...more

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