Civil Procedure Privacy Consumer Protection

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You Could Lose More Than Just Customers: Why You Should Lock Up to Crack Down on Cyber Risks

The most searched word around the office is “cybersecurity”. This year promises to hear myriad cases centered on this suddenly-forefront topic. The issue of security for virtual information has been around for years, but with...more

New Guidelines on Collecting Biometric Data Help Businesses Stay Ahead of the Game

The amount of data collected worldwide is rapidly proliferating, and one international organization wants to make sure it’s clear how to protect what is arguably the most sensitive category of that data: biometrics....more

EU-U.S. Privacy Shield Framework Agreement Reached - Replaces Safe Harbor Agreement

On February 2, 2016, The European Commission (EC) and the U.S. Department of Commerce (Commerce) reached a deal on a new transatlantic data-transfer pact to replace the 15-year-old Safe Harbor agreement. The European Court of...more

Latest OCR Enforcement Action: Underbed Storage is Not Appropriate for PHI

Recent enforcement actions by the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) have highlighted that, not surprisingly, Covered Entities should not leave medical records in a...more

Historic Moment: Husband Reports Wife’s HIPAA Violation Triggering Six Figure Penalty Against Employer

For the second time in history, the Office for Civil Rights (“OCR”) has imposed a civil monetary penalty (“CMP”) against a covered entity for violations of the Health Insurance and Portability Act (“HIPAA”). Lincare, Inc., a...more

Safe Harbor is dead, long live Safe Harbor!

News broke late February 2, 2016 that the United States and the European Union Commission have agreed upon a revised and updated version of the U.S.-EU Safe Harbor, providing a new framework for transfers of personal data...more

Safe Harbor 2.0 Agreement Reached; New Program to be Named “Privacy Shield”

On February 2, 2016, the European Commission announced that EU and US officials had reached an agreement to implement a program known as the EU-US Privacy Shield. Privacy Shield is designed to be the successor to the Safe...more

Tentative Agreement on New “Privacy Shield” Framework for Transatlantic Data Flows Reached

On February 2, the United States and the European Commission reached tentative agreement on a new framework for the transfer of personal data between the European Union and the United States called the EU-U.S. Privacy Shield....more

US and EU Reach a Deal to Save Safe Harbor

United States and European Union officials have reached a last-minute agreement in an attempt to salvage the US-EU Data Transfer Safe Harbor, nearly four months after the European Court of Justice issued an opinion...more

EU and U.S. Reach Deal on Safe Harbor for Trans-Atlantic Data Transfers

On February 2, 2016, the European Commission announced that the U.S. and European Union have reached a deal on a new Safe Harbor to replace the old Safe Harbor program that was struck down by the European Court of Justice on...more

EU-US Privacy Shield to Replace Safe Harbor

A new personal data transfer agreement was announced on February 3, 2016 between EU and US authorities: the EU-US Privacy Shield will replace the invalidated Safe Harbor programme. Since the landmark decision of the...more

European Commission and United States Agree to New Framework for Transatlantic Data Flows

On Feb. 2, the European Commission and the United States announced an agreement on a new framework for transatlantic data flows. The EU-US Privacy Shield will replace the Safe Harbor framework that was invalidated by the...more

There's Light at the End of the EU Safe Harbor Tunnel, and It's (Probably) Not an Oncoming Train - M&E Alert

It’s been four long and confusing months since the European Court of Justice (“ECJ”) invalidated the EU-US Safe Harbor Framework on which so many companies relied for transferring data out of the EU and Switzerland and,...more

US-EU Agree on Privacy Shield to Replace Invalidated Safe Harbor

On February 2, 2016, it was announced that the United States and the European Union had reached an agreement on a new framework to replace the Safe Harbor that was invalidated back in October. The new framework, called the...more

Commission Press Release and FTC Fact Sheet outlines the new EU-US “Privacy Shield”

The European Commission has issued a press release that gives an outline of some key changes to the EU-US safe harbor, now dubbed the “Privacy Shield.” The new accord still needs to be reviewed by the Article 29 Working...more

Safe Harbor re-launched as the "EU-U.S. Privacy Shield" – but doubts are already raised that it will live to survive a battle

Following speculation that protracted negotiations had been in vain, an agreement on Safe Harbor has apparently been reached. Dubbed the “EU-U.S. Privacy Shield”, the regime will, subject to approval processes, replace the...more

The Cybersecurity Act of 2015: Implications for Threat Sharing

On December 18, 2015, President Obama signed the Cybersecurity Act of 2015 (The “Act”), legislation designed to combat online threats to the federal government, state and local governments, and private entities. Within the...more

Political Agreement Reached on US-EU Safe Harbor; Details “Hazy”

According to press reports, European Union and U.S. negotiators in Brussels finalized what is being called a “political agreement” on a new Safe Harbor transatlantic data transfer agreement. European Union justice...more

Farewell ‘Safe Harbor,’ Hello ‘Privacy Shield’: Europe and U.S. Agree on New Rules for Transatlantic Data Transfer

After intense negotiations, and after the official deadline had passed on Sunday, 31 January 2016, the United States and the European Union have finally agreed on a new set of rules—the “EU-U.S. Privacy Shield”—for data...more

EU Commission and United States agree on new framework for transatlantic data flows: EU-US Privacy Shield

What follows below is the EU’s press release regarding the agreement on a replacement for the EU-US Safe Harbor. We are working to get details and will schedule a webinar on the new framework shortly....more

Victoria’s Secret hit with TCPA class action for text messages

Last week, Victoria’s Secret was hit with a class action in California alleging that the lingerie company sent Michael Hannegan almost 100 texts in one day in violation of the Telephone Consumer Protection Act (TCPA)....more

Ninth Circuit Affirms Denial of TCPA Class Cert. On Predominance/Ascertainability Grounds

On January 12, 2016, the Ninth Circuit affirmed the denial of class cert. in a Telephone Consumer Protection Act (TCPA), 47 USC 227 action on  predominance and superiority grounds in the case Paul Gannon v. Network Telephone...more

It’s all fun and games until someone gets hit with a hefty FTC fine

Two developers of mobile apps for children recently learned an expensive lesson about their legal responsibilities when it comes to protecting children’s privacy. Together, the companies will pay a total of $360,000 in...more

Facebook biometric case dismissed

We previously reported about a proposed class action suit against Facebook for the alleged violations of the Illinois Biometric Information Privacy Act. Facebook moved to dismiss the case for lack of personal jurisdiction....more

Not Just Heads In Beds – Cybersecurity for Hotel Owners

The basics of the hotel business have traditionally been simple: good location, fair prices, appropriate amenities and good service were the keys to success. While those factors are important today, hotels are no longer...more

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