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State Data Security Breach Notification Laws

The general definition of “personal information” or “PI” used in the majority of statutes is: An individual’s first name or first initial and last name plus one or more of following data elements: (i) Social Security number,...more

More Permissive Standard For Standing In Plaintiffs' Data Breach Suits: Federal Judge Endorses Novel Pleading Strategy And Denies...

On March 28, the California federal judge presiding over the suit against LinkedIn Corp. (LinkedIn) — which stems from a data breach from 2012 — denied LinkedIn’s motion to dismiss, and permitted the suit to proceed based on...more

California Bill Imposes Tough Data Retention Restrictions and Broad Liability for Customer Data Breaches

In response to the recent high-profile data breaches involving the personal and financial information of millions of consumers, California legislators have advanced a bill that would hold businesses doing business in...more

What is an “Automatic Telephone Dialing System” under the TCPA?

Many, if not most, Telephone Consumer Protection Act (TCPA) cases hinge on whether the defendant’s alleged conduct involved an automatic telephone dialing system (ATDS). Under 47 U.S.C. § 227, an ATDS is defined as “equipment...more

Kentucky Enacts Data Breach Notification Law - New Law Limits Cloud Service Providers’ Collection of Student Data

Kentucky is the 47th state, along with the District of Columbia, Guam, Puerto Rico and the Virgin Islands, to enact a data breach notification law requiring business entities to notify individuals of security breaches...more

Financial Regulatory Developments Focus - April 2014

In this issue: - Regulatory Capital - Financial Services - Recovery & Resolution - Financial Market Infrastructure - Consumer Protection - People - Excerpt from Regulatory...more

Auto Suppliers Prepare for Barrage of Recalls

With the recent high-profile recalls involving Toyota and GM, auto suppliers are anticipating a spike in recalls and asking themselves how to prepare for this inevitability. As a start, auto suppliers need to...more

Get your updated Mintz Matrix!

As our readers know, we maintain a summary of the US state data breach notification laws, which we refer to as the “Mintz Matrix.” We update the Mintz Matrix on a quarterly basis, or more frequently if developments dictate....more

Proposition 65 "Reform": Consumer Protection or Litigation Stimulation?

Proposed new regulations may have unintended consequences. Despite the California governor’s call for meaningful Proposition 65 reform and a reduction in frivolous enforcement lawsuits, the California Office of...more

Illinois AG Licensing Enforcement Actions Target Payday Loan Lead Generator, Lenders

On April 7, Illinois Attorney General (AG) Lisa Madigan sued a payday loan lead generator to enforce a 2012 cease and desist order issued by the state’s Department of Financial and Professional Regulation. ...more

Eleventh Circuit Further Muddies the Waters for Collectors

The Telephone Consumer Protection Act’s safe harbor for calls made with the prior express consent of the called party is destroyed the moment the debtor says, “Stop calling me!” So too, a collector can be liable for...more

One Step Forward, One Step Back: Court of Appeal Denies Arbitration in Imburgia

Fresh on the heels of signs during the Iskanian oral argument that the California Supreme Court might at least partially fall in line behind the rule of Concepcion (subscr. req.), we received a reminder that arbitration...more

Food and Beverage Alert (US)

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Supporting healthy food options for students. On April 3, Senators Heidi...more

"European Parliament Approves Proposed Directive on Private Antitrust Damages Actions"

On April 17, 2014, the European Parliament overwhelmingly approved the European Commission’s proposal for a directive on private antitrust damages actions (the Directive). The Directive is intended to facilitate antitrust...more

Target Becomes a Target: Proposed California Bill Aims to Make Retailers Liable for Data Breach Incidents

Following a string of high-profile data breaches and new data suggesting that approximately 21.3 million customer accounts have been exposed by data breach incidents over the past two years, the California legislature has...more

Iowa Adds AG Data Breach Notice Requirement

On April 3, Iowa Governor Terry Branstad signed SF 2259, which amends the state’s data breach notice law to add a requirement that businesses that experience a data breach notify the state attorney general’s office within...more

FTC Still In Charge Of Privacy Enforcement: Ten Lessons From Wyndham

The Federal Trade Commission (FTC ) is the most active and aggressive federal government agency to investigate and enforce data privacy and security laws against businesses. Section 5 of the FTC Act empowers the agency to...more

Vermont Federal Court Rules In Favor Of Vermont And Against Alleged Patent Troll In Preliminary Decision

Vermont Attorney General William Sorrell won a major victory in his groundbreaking effort to use state law to crack down on “patent trolls.” In State of Vermont v. MPHJ, LLC, the Vermont federal court has rejected the...more

Iowa Breach Notification Law Now Requires AG Notification, Applies to Paper Records

Iowa recently joined an increasing number of states that require notification of state regulatory authorities following a breach, as well as a handful of states in which paper records can trigger notification obligations....more

The new group actions law in France – A cause for concern for companies?

The French law on consumer rights, also referred to as the “Hamon law” (“loi Hamon”), was enacted on 17 March 2014. The introduction of group actions is one of the main innovations of this law. Companies must now...more

TCPA Connect

Two Recent Yahoo! Decisions Produce Differing Results for TCPA Liability - ..PA Court: Yahoo!’s System Not an ATDS: Yahoo! won dismissal of a Telephone Consumer Protection Act (TCPA) suit when a federal court...more

The British (Financial Regulatory Principles) Are Coming!

Regulation of financial products and services in the U.S. historically has relied on rules-based regulatory policy, governing business processes including disclosures relating to terms, pricing, structure and marketing. The...more

Privacy in Latin America and the Caribbean

With the enactment or implementation of several new data privacy laws in the past couple of years, the privacy landscape in Latin America and the Caribbean continues to change dramatically. Twelve countries in the region now...more

Circuit Court Largely Rejects Challenges To SEC Conflict Mineral Rules

The SEC largely prevailed in the D.C. Circuit Court of Appeals in a suit changing the Rules promulgated by the agency under Dodd-Frank regarding conflict minerals. National Association of Manufacturers v. SEC, No.. 13-5252...more

Balancing the data privacy debate: The benefits of big (and little) data

Comments to the White House's recent request for comments on "big data" and how it affects Americans were due April 4, but even before all the comments have been reviewed, we can be pretty sure that, as usual, most business...more

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