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Defense-friendly TCPA rulings from Sixth Circuit, Eleventh Circuit, and Northern District of California

The TCPA has become a landmine for unsuspecting companies as the Federal Communications Commission (FCC) has broadly expanded the Telephone Consumer Protection Act’s (TCPA) reach. The Sixth Circuit in Hill v. Homeward...more

Third Circuit Affirms District Court’s Decision Asserting FTC’s Authority over Companies’ Data Security Practices

On August 24, the U.S. Court of Appeals for the Third Circuit affirmed the Federal Trade Commission’s authority to hold companies accountable for their data security practices under Section 5 of the FTC Act (15 U.S.C. §...more

Illinois Passes Authorized Electronic Monitoring in Long-Term Care Facilities Act

On Friday, August 21, 2015, Illinois Governor Bruce Rauner signed into law Public Act 099-0430, the Authorized Electronic Monitoring in Long-Term Care Facilities Act, which permits a resident of a nursing home and her family...more

Ashley Madison - That Electronic Communications Policy Was a Good Idea After All

When does an employee’s extramarital activity become his or her employer’s concern?  Before the Ashley Madison breach, the answer might as well have been “[almost] never.”  Since the Ashley Madison breach has a...more

You Can Check Out Any Time You Like… But Your Information Might Never Leave

When you check into a hotel, do you assume that the clerk asks for your license plate number to avoid accidentally towing your car? Or that guest services wants to know how many people are in your group to make sure that...more

Privacy & Cybersecurity Update - August 2015

Third Circuit Affirms FTC’s Authority Over Cybersecurity: In the Wyndham case, the Third Circuit affirmed that the FTC has the authority to regulate cybersecurity under Section 5 of the FTC Act, and that the language of...more

Think Big Picture – minimize corporate export compliance risks while protecting your information security

Recently I have attended several cyber security conferences. What I have learned about protecting information has changed how I view export controls. Senior management and board members should think about the big picture as...more

Briefing on Russia Data Localisation Law

Russia has, today, implemented a Data Localisation Law. It requires information about Russian citizens to be stored in Russia and many businesses are concerned about how best to comply. There has also been some recent...more

More fines to come in Germany? Service provider engagements are under increased scrutiny.

Following a significant fine against the parties to an asset acquisition for illegally transferring customer information, the Bavarian Data Protection Supervisory Authority (Bavarian DPA) announced on August, 20, 2015 that it...more

State Law Claim for Invasion of Privacy Escapes ERISA Preemption: Rose v. HealthComp, Inc.

A federal court recently held that the plaintiff’s claims under state law survived ERISA preemption, and remanded the case to state court to determine the plaintiff’s claims for invasion of privacy and unfair business...more

The Legal Lessons of Data Breaches

Every business would love to find a fortune teller to give it insight into what trends to follow, which risks to take, and when “exposure” will convert to liability. Some clients might say that, unfortunately, their lawyers...more

Rocky Road Ahead for Ashley Madison after Widespread Damage Arising from Disclosure of Personal Information

Ashley Madison, the self-described “world's leading married dating service for discreet encounters” is the latest high-profile social media website to sustain a cyberattack. Established to provide an opportunity for married...more

3rd Circuit Says: FTC Can Take Action Against Companies That Suffer Data Security Breaches

Companies can be fined by the federal government for failing to properly safeguard consumer data, according to a decision this week by Pennsylvania's federal appellate court....more

School Districts and Charter Schools Must Address Student Data Privacy Concerns in Contracts

In working with school districts and charter schools, our firm has learned that many clients may have entered into agreements that lack key contract terms necessary to protect student data privacy. In other cases, we have...more

Cybersecurity and the Aviation Sector: Recent Incidents Highlight Unique Risks

Given the range of threats and the catastrophic impact an attack could have on an airline, strategizing to reduce the risk of breaches and implementing plans to deal with them once they occur should be prioritized at board...more

Corridors September 2015 - News for North Carolina Hospitals

This article will provide an outline of some of the most significant points for hospitals to use when confronted with a formal government investigation under the Criminal or Civil False Claims Act. As noted below, you should...more

A Guide for Insurers on Creating and Maintaining a Cybersecurity Plan

The intersection of valuable and personally identifiable digitized information and the increasing incidence of cybersecurity breaches makes the creation and maintenance of a cybersecurity plan one of the most pressing...more

New Potential Liability for Data Security: U.S. Court of Appeals for the Third Circuit Announces FTC has Authority to Scrutinize a...

The U.S. Court of Appeals for the Third Circuit announced that the Federal Trade Commission (FTC) has the authority to scrutinize a business’s data security protocol -- and to file a complaint if the FTC finds that protocol...more

Servicers Beware: RESPA Transfer of Servicing Letter May Trigger FDCPA Initial Debtor Communication Disclosure Requirement

In Hart v. FCI Lender Services, Inc., the Second Circuit made it clear that servicers should pay close attention to initial communications with borrowers upon commencing loan servicing when it determined in an August 12, 2015...more

United Kingdom: handling internal investigations

With so much potentially at stake, the initial steps and strategic decisions taken in any company investigation are critical to setting the tone for a focused, credible and effective inquiry. This is paramount not only for...more

Federal Trade Commission Joins with Industry Experts to Provide Start-Ups and Developers with Practical Advice at “Start with...

The FTC has a history of offering practical advice to organizations and consumers to protect against security threats and related concerns, and is continuing this practice with the upcoming – and very first – “Start with...more

Rising Conflict Among Federal Courts – Whether an Account Number Visible on a Debt Collection Envelope Violates the FDCPA

Section 1692f(8) of the Fair Debt Collection Practices Act (“FDCPA”) prohibits the use of any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by mail. The...more

NIST Guide Highlights Cybersecurity Considerations for Utilities and Manufacturing Companies

In 2013 alone, the U.S. Department of Homeland Security (DHS) and its Industrial Control Systems Cyber Emergency Response Team (ICS-CERT) responded to more than 256 cyber-incident reports—more than half of them in the energy...more

Shareholders sue mobile security firm for failing to disclose hacking incident before IPO

MobileIron, Inc. was sued late last week by shareholders in a proposed class action for allegedly failing to disclose a hacking incident just weeks before its initial public offering (IPO). The suit, filed on behalf of...more

Credit Card Fraud Liability Shift Looms for Retail Industry

On October 1, 2015, a substantial portion of the liability associated with in-store fraudulent credit card purchases will shift from credit card issuers, such as banks or credit unions, to retail merchants. Credit card...more

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