Consumer Protection Science, Computers & Technology Business Torts

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FTC Closing Letter Provides Good Data Security Reminder

Last week, the FTC sent a closing letter to Morgan Stanley Smith Barney LLC (“Morgan Stanley”) relating to the agency’s investigation over whether Morgan Stanley engaged in unfair or deceptive acts or practices by failing to...more

Mobile App Developer Settles with FTC and New Jersey AG Over Virtual Currency Mining

On June 29, a mobile app developer entered into an agreement with the FTC and the New Jersey AG to settle allegations that the developer engaged in deceptive and unfair practices by marketing its rewards app, called “Prized,”...more

[Webinar] Cyber Threats and the Crown Jewels: Practical Steps to Protect Corporate Assets - June 24, 9 a.m. EDT

Information security is a growing concern for companies and legal teams around the world. The rising tide of cybersecurity issues and insider threats pose great risks to a company’s crown jewels: its intellectual property....more

Should We Hack Back?

“No,” says U.S. Assistant Attorney General Leslie R. Caldwell. At the most recent Cybersecurity Law Institute held at Georgetown University Law Center in late May, the head of the U.S. Department of Justice’s (DOJ) Criminal...more

CMS Fines Insurer for Misleading Medicare Part D Beneficiaries

The federal agency that oversees Medicare’s prescription drug program has alleged that a major U.S. insurance company misled beneficiaries about the pharmacies included in the company’s drug plan, and imposed a $1 million...more

Update on Google Unauthorized Children’s In-App Purchase Class Action: THE SHOW MUST GO ON!

U.S. District Court Judge Ronald M. Whyte has issued an order granting in part and denying in part Google’s Motion to Dismiss the class action filed against the Company on ­March 7 in the U.S. District Court for the Northern...more

FTC v. Did the FTC’s “” Complaint Just Turn API Terms into Federal Law?

The Federal Trade Commission’s announcement earlier this week that it had filed a complaint against Jerk, LLC and its websites like “” (“Jerk”) looks at first glance like a run-of-the-mill FTC Section 5 enforcement...more

Recent Trends in Class Action and Aggregate Litigation in the Life Sciences Industry

Introduction - For the last several years, the life sciences industry has been fertile ground for class action and aggregate litigation. Developments in this area have driven several trends, including state consumer...more

23andMe Named in Class Action Lawsuit

Things are getting worse for genetic diagnostics company 23andMe. On the heels of receiving a Warning Letter from the FDA over its Personal Genomic Services (PGS) test (see "FDA Threatens Agency Action Against 23andMe Over...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

Mobile Wallet Systems May Be a Boon for Sales, But What Are the Risks?

One trend is clear: more and more retailers are accepting payment through so-called "mobile wallets" in lieu of traditional plastic credit cards. Experts predict that in coming years, the local and global market for mobile...more

Court Shuts Down Construct Data Directory Scam

A scam that induces businesses to pay for listing in a useless online marketing directory has been temporarily enjoined and the company’s United States assets frozen in a court action brought by the Federal Trade Commission...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

False Advertising Claims on Increase in Cyberspace

Cases involving alleged false advertising in cyberspace increased significantly in number in the past year, but success has been limited according to a legal survey article by Cheryl Dancey Balough. The article noted that...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

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

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

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

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