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Advertising Law - July 2015 #4

FTC And Florida AG Team up Against Medical Alert Systems - Together with the Florida Attorney General, the Federal Trade Commission filed suit against Lifewatch for allegedly using deceptive robocalls to urge older...more

HR Has More Important Things To Do

On Tuesday, Salon published an article titled “5 Ways Corporate HR Departments Monitor Your Movements – Even When You’re Not Working.” Because we’re always interested in the subject of employee monitoring, we eagerly clicked...more

“Life is short. Have an affair.”® And have your data hacked and leaked

Hackers calling themselves “The Impact Team” announced on July 15th that it has compromised the extramarital affair site AshleyMadison.com, and companion sites Cougar Life and Established Men, including absconding with up to...more

FCC issues TCPA guidance in its declaratory ruling

In response to businesses and attorneys general request for more guidance on the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) released guidance on June 18, 2015 regarding robocall...more

FCC Order Clarifies Many Details in TCPA and FCC Rules Regarding Call and Text Message Marketing

In response to 20 petitions from various marketing companies, industry groups and advertisers, as well as a request for clarification from the National Association of Attorneys General, the Federal Communications Commission...more

Forget Uber for a Moment. The Real Danger on the Road (and Elsewhere) May Be Remote Controlled Hijacking

Technology only imagined a decade ago is everywhere. It’s in our hands, on our laps, and on our desks. But it can also be found in our buildings and, increasingly, in and on our transportation infrastructure. Think wireless...more

Change in the Prevailing Winds in Consumer Data Breach Cases?

Seventh Circuit Rules Consumers Have Standing to Sue in Neiman Marcus Payment Card Data Breach Case - In Remijas v. Neiman Marcus Group, LLC, the Seventh Circuit reversed a district court decision dismissing consumer...more

‘Right to Be Forgotten’ in Russian Data Protection Law Has Passed All Stages of Approval

On July 14, 2015, Vladimir Putin, the president of the Russian Federation, has signed the law on implementation of the “right to be forgotten” (the Law). The Law comes into force on January 1, 2016....more

Somebody’s Watching You: What Are the Rules?

In 1984, Kennedy William Gordy, better known as pop artist Rockwell, released his first and ultimately biggest hit: Somebody’s Watching Me. One can only imagine how Rockwell would have felt if the Internet was in full swing...more

That is SO last week - July 2015 #3

There’s just no rest for employment lawyers this summer. We had another exciting week. The biggest news was the EEOC’s ruling that Title VII prohibits discrimination on the basis of sexual orientation. The agency found that...more

Privacy Tuesday – July 2015: Hack Attack on Adultery Site Ashley Madison

Once again, data breaches and hacks are front and center, so here are three stories you should know about to start your week....more

FCC Announces $3.5 Million Settlement with Carriers to Resolve Consumer Privacy Investigation

On July 9, the FCC announced a $3.5 million settlement with carriers TerraCom, Inc. and YourTel America, Inc. to resolve an investigation into the exposure of personal information of over 300,000 of their customers online via...more

Commerce Dept. Reviewing Stakeholders' Cybersecurity Comments

The U.S. Department of Commerce’s Internet Policy Task Force (IPTF) is currently reviewing feedback collected in response to a Request for Public Comment on cyber threats facing the digital ecosystem and economy, with the...more

Abogados podrían asesorar a clientes en respecto a medios sociales

La mayoría de los abogados podrían recordar fácilmente una situación de litigio en la que publicaciones, fotos o videos de un cliente en medios sociales generaron más que cierta consternación tanto para su cliente como para...more

FCC becomes another active regulator over data security through $3.5M settlement with two telecom companies

The FCC has announced that it will receive a settlement payment of $3.5 million from two telecommunications companies—TerraCom Inc. and YourTel America for allegations around the companies’ failure to safeguard customers’...more

Technical Body Moves Closer to Do Not Track Standards

The long running struggle to develop technical standards for the implementation of a do not track (DNT) specification is moving closer to completion. The World Wide Web Consortium (W3C) working group recently released a “last...more

Cyberclaim Coverage Denied: The TCPA Protects Privacy, Not Personally Identifiable Information

In Doctors Direct Ins., Inc. v. Beaute’ E’mergente, LLC, No. 1-14-2919 (Ill. App. Ct. June 22, 2015), an Illinois state appellate court recently affirmed that a medical malpractice liability insurer did not owe a duty to...more

Litigation Alert: FCC Issues Controversial TCPA Order Further Expanding Definition of Autodialer, Providing Limited Protections to...

FCC Issues Controversial TCPA Order Further Expanding Definition of Autodialer, Providing Limited Protections to App Developers - On July 10, 2015, the Federal Communications Commission (“FCC”) issued a much-anticipated...more

Cyber Liability Insurance – Does Your Retail Business Need It?

The news is full these days of hackers stealing credit card and other customer information from United States retailers such as Home Depot, Target, and Neiman Marcus (and the federal government) among others. These...more

“Don’t Call Us, We’ll Call You.” The FCC’s Latest TCPA Ruling Imposes Even More Restrictions on Telemarketing Calls and Texts

On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the...more

FCC’s TCPA Order Offers Little Clarity or Relief for Businesses

In potentially its most significant action under the Telephone Consumer Protection Act (TCPA) since the 2003 overhaul of its rules ushering in the National Do-Not-Call Registry and other updates, the Federal Communications...more

Rand Paul And The Expiration Of The Patriot Act

During the last weekend in May, Kentucky Senator Rand Paul did something that is not easy to do – he managed to anger most Republicans and Democrats, the Senate Majority Leader (who is also the senior senator from Kentucky),...more

SCOTUS Decision in Spokeo Could Have Significant Impact on Data Breach Litigation

Following several significant data breaches in 2014 and 2015, including one reported just last week by the IRS, organizations of all types are on high alert to safeguard against data breaches and to prepare incident response...more

The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection...more

Do You Have The Right To Be Forgotten?

Most of us want to be remembered. But, depending on their past, some people want to be forgotten – or at least they want some of their past deeds to be forgotten. But do you have a right to be forgotten? In the United States,...more

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