Privacy Communications & Media General Business

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Employers’ Thanksgiving Plans Should Include Cyber Monday Prep: Are Your Computer Policies Up to Date?

No online shopping day is bigger than Cyber Monday. According to the National Retail Federation, an estimated 127 million people shopped on Cyber Monday last year—significantly more than the estimated 87 million in-store,...more

Optical Express appeal highlights the need for caution over third-party marketing lists

In a decision of 31 August 2015, the First-Tier Tribunal provided important clarification on the use of third-party mailing lists. Optical Express v Information Commissioner (EA/2014/0014) is significant for organisations...more

To Settle Privacy Law Claims, California AG Requires Firm to Hire a Chief Privacy Officer and Assess Privacy Risks

In October 2015, California Attorney General Kamela Harris announced a settlement with Bay Area housing design startup Houzz, Inc. to resolve alleged violations of California privacy laws. According to the AG’s office, for...more

Retail and Consumer Products Law Roundup - November 2015 #2

California Updates Data Security Laws - Why it matters: The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by...more

How Does Your Terms of Service Agreement Rate?

Online terms of service agreements are the rarely-read but often-mocked daily annoyance of Internet users worldwide. A large (literally) barrier to the immediate gratification of access to online content, most of us are...more

Thumbs Up or Down? Facebook Forced to Disclose Market Data for User Messages

Facebook, the world’s largest social network, is no stranger to litigation or criticism for its utilization of user data that has resulted in lawsuits. And one of those in particular complained about what happens when...more

Facebook Posts Important Advertising Law Win

On October 30, 2015, Facebook, Inc. posted an important win in the Ninth Circuit Court of Appeals. In a non-precedential decision, the court upheld the federal district court’s dismissal of a complaint filed by a proposed...more

Mobile Location Analytics: Changing the Game for Brick and Mortar Retail

For brick-and-mortar retailers, smart phones have taken on an entirely new role in customers’ shopping experiences. A technology known as "mobile location analytics" ("MLA") or sometimes, "indoor analytics," gives brick and...more

TCPA Connect - October 2015

After FCC Citation for TCPA Violations, Lyft Changes Terms of Service - Less than a week after the Federal Communications Commission cited Lyft for violating the Telephone Consumer Protection Act by requiring customers...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Alert: Unsafe Harbor: Social Media

Last week Europe's highest court, the Court of Justice of the European Union, (CJEU) declared the Safe Harbor framework invalid. You can read more about the decision in our previous alerts here. Although it is unlikely that...more

Does Your Website Privacy Policy Need Some Love?

Everyone does it, especially startups. You need a privacy policy for your website, and your legal budget is limited. Hop onto Facebook (or Google, or Amazon) — cut, paste and voilà! — your startup has a shiny new privacy...more

Insurance Company Not Required To Defend Its Insured Against Illegal Recording Of Telephone Communications Class Action Lawsuit

On September 29, 2015, the United States Court of Appeals for the Seventh Circuit affirmed the district court’s order of dismissal and determined that First Mercury Insurance Company (“First Mercury”) did not have a duty to...more

New Delaware Act Requires Online Privacy Policy for Websites

A new privacy law requires companies to make specific statements about what information is collected on its website. Like California, it also requires that companies state in writing whether they respect “Do Not Track”...more

California Attorney General Settlement Requires Hiring of Privacy Officer: Businesses with Web Presences Subject to Increasing...

On Friday, Oct. 2, home design and renovation company, Houzz, Inc., reached a settlement with the Office of California Attorney General Kamala Harris over allegations that Houzz had recorded customer and employee...more

FTC Gives Words of Warning to the Wise

The Federal Trade Commission has issued new guidance on data security to help businesses that collect, store and use consumer information to stay out of hot water with the agency. Gleaned from the more than 50...more

Automakers receive request for information letters about vehicle-to-vehicle communications’ privacy

This week, Senator Ed Markey and Senator Richard Blumenthal sent letters to 18 automakers requesting an update on vehicle-to-vehicle communications’ (V2V) privacy and security. The Senators are seeking information on each...more

EU - US Personal Data Transfers - Safe Harbor Under Threat

Following a private challenge by an Austrian law student to the storage by Facebook of his personal data on servers located in the United States, the EU Advocate General (the “Advocate General”) has filed an advisory opinion...more

Advocate General Bot Proposes That CJEU Declare the Safe Harbor Invalid

On September 23, 2015, Advocate General Yves Bot delivered an opinion on the issue of the transfer of personal data from Facebook Ireland to Facebook USA, in light of the generalized access the National Security Agency (NSA)...more

Petitioners Coordinate Efforts in Consolidated Appeal of the FCC’s July 2015 Declaratory Ruling and Order

On September 21, 2015, petitioners ACA International, Sirius XM Radio, Inc., Professional Association for Customer Engagement, Inc., inc. and ExactTarget, Inc., Chamber of Commerce of the United States of...more

SEC Seeks Increased Access to Email

Jacqui Merrill, an Associate at The Volkov Law Group, joins us with a posting on the SEC’s request for increased access to emails. In a Senate Judiciary Committee meeting held on September 16, 2015, Securities and...more

Fembots and False Advertising

Fembots have plagued humanity for many years. In the 1970s, fembots attempted to seize control of a weather device before they were defeated by the Bionic Woman. And in the 1990s, fembots worked with Dr. Evil until Austin...more

Lyft Gets Cited by FCC for Robo-Texting

Companies that require customers to agree to receive autodialed marketing calls and text messages as a condition for using the companies’ services have been put on notice that they may be in violation of the Telephone...more

Employment Law Briefing

Whistleblowing can be a valuable tool for businesses, providing an early warning system against corporate malpractice and demonstrating a compliance culture. Hotlines are now established as an important tool in the...more

Leveling the Playing Field: Mobile Location Analytics

As brick-and-mortar retailers face increasing challenges to compete with their online counterparts, a new tool is helping to level the playing field: mobile location analytics. Traditionally, online retailers have had an...more

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