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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 Suit against Wyndham Worldwide Implicates D&O Coverage

A shareholder of Wyndham Worldwide Corp. (“Wyndham”) recently filed a derivative action against Wyndham’s board of directors arising out of three high profile data breaches occurring from 2008 to 2010. Dennis Palkon filed...more

Privacy Causes of Action

An outline of privacy law that cites to potential causes of action, whether common law or statutory, with a focus on New York law....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

Laying Foundation for Meta Data and Websites

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

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

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

Enforceable On-Line Terms of Service

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

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

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

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

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

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

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

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

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

Privacy Enforcement By California Attorney General’s Office

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

Reducing Cyber Risk

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?

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

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’s Shine the Light Act: Plenty of Reason$ for Businesses Not to Shine It On

Recent class actions regarding California’s Shine the Light Act illuminate the need for California businesses to pay attention to their privacy policy compliance practices. Violations of the Act can incur civil penalties of...more

Eleventh Circuit Holds Monetary Damages Caused by Identity Theft Present a Cognizable Injury

Recently, the U.S. Court of Appeals for the Eleventh Circuit, in a case of first impression, held that the named plaintiffs in a putative class action could pursue their claims for monetary loss from a health care company...more

Google Privacy Violation Alleged, Leads To FTC Settlement

Google’s business model is based on delivering relevant search results and, increasingly, relevant ads to those who use its products. In order to do so, Google needs to know a user’s search history since search history and...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

Freeman, et al. v. Quicken Loans, Inc.: Supreme Court Declines To Expand Consumer Protections Beyond Congress’ Exact Words

Freeman, et al. v. Quicken Loans, Inc.: Supreme Court Declines To Expand Consumer Protections Beyond Congress’ Exact Words. The Freeman decision demonstrates that administrative agencies cannot expand federal consumer...more

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