Commercial Law & Contracts, Privacy, Business Torts

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

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

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

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

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

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

by Robert Freedman - Partner at Tharpe & Howell,... on 10/4/2012

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

by BuckleySandler LLP on 10/1/2012

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

by Peter Bauman - Senior Associate at Tharpe &... on 8/7/2012

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

by Peter Bauman - Senior Associate at Tharpe &... on 8/5/2012

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

by Richik Sarkar on 6/4/2012

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

New Jersey Business Litigation: Attorney-Client Privilege Only Extends So Far

by Robert Levy on 5/4/2012

New Jersey Business Litigation: Attorney-Client Privilege Only Extends So Far by Robert Levy In Marshall v. JPMorgan Chase Bank, A-1405-11, the Appellate Division of the Superior Court of New Jersey reminded litigants...more

"Steps In-House Counsel May Take to Preserve the Attorney-Client Privilege," American Bar Association's Employment & Labor...

by Christina Bost Seaton on 5/23/2011

Sets forth practical strategies for in-house counsel so that they may preserve the attorney-client privilege....more

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Commercial Law & Contracts › Privacy › Business Torts

Laying Foundation for Meta Data and Websites

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

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

Privacy Enforcement By California Attorney General’s Office

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

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

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

Google Privacy Violation Alleged, Leads To FTC Settlement

FTC Report Outlines New Privacy Framework For Handling Consumer Data

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

New Jersey Business Litigation: Attorney-Client Privilege Only Extends So Far

"Steps In-House Counsel May Take to Preserve the Attorney-Client Privilege," American Bar Association's Employment & Labor...

Business Leaders Must Address Cybersecurity Risk

TILG E-Commerce Law Update (Inaugural Issue)

Advertising Law - November 16, 2009

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