News & Analysis as of

Privacy Products Liability

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

FTC and FBI Issue Compliance Reminder on Childrens Online Privacy Protection Act

by Morgan Lewis on

A recent update of the FTC’s COPPA compliance plan for businesses focuses on internet-connected toys and devices aimed at children; FBI issues a Public Service Announcement with a similar focus....more

Regulating the Internet of Toys

by McDermott Will & Emery on

New technologies and the expansion of the Internet of Things have allowed children of this generation to experience seamless interactive technologies through microphones, GPS devices, speech recognition, sensors, cameras and...more

How to Handle a Hack

Cyber breaches do not discriminate across industries and can occur even with the best policies, procedures and preventive measures in place. As such, cyber litigation is not going away and cybersecurity is now increasingly a...more

A Developing Cybersecurity Standard: Anticipate, Mitigate and Remediate

The latest cyberattack across multiple countries shows that hackers do not discriminate by industry. It’s not just about targeting “data” such as credit card or insurance information. Rather, it is increasingly about stealing...more

Connected and Automated Cars: The Federal Government Addresses Cybersecurity and Data Privacy

Connected and automated vehicles are being built with components that enable them to not only access information, but also collect, store and transmit data for performance and safety purposes as well. Furthermore, these...more

FTC Submits Comment To Aid NTIA In Developing Internet of Things Guidance

by Ballard Spahr LLP on

In its latest effort to address security concerns about Internet of Things (IoT) devices, the Federal Trade Commission (FTC) has submitted public comments to the National Telecommunications and Information Administration's...more

The Internet of Toys

Privacy advocates in both the United States and Europe are urging regulators to take a hard look at the privacy ramifications of internet-connected toys, which are often conventional toys augmented by companion mobile...more

Recent Decisions Highlight Legal Risks Associated with Product Cybersecurity Vulnerabilities

by Ropes & Gray LLP on

Last month, plaintiffs in two product cybersecurity class actions were partially successful in surviving motions to dismiss, continuing the recent trend by plaintiffs and regulatory agencies to expand the pool of defendants...more

Latest Cyber Attack a Wake-up Call: What are your company’s IoT exposures?

by Farella Braun + Martel LLP on

The Internet of Things gives rise to many risks and exposures that companies and their insurers were not thinking about as recently as a couple years ago, and probably aren’t fully cognizant of today....more

California Supreme Court Decision Could Allow for Greatly Expanded Personal Jurisdiction

by Latham & Watkins LLP on

The California Supreme Court’s recent opinion on specific jurisdiction may have far-reaching consequences for future actions brought in the state. In the recently published opinion in Bristol-Myers Squibb Co. v. Superior...more

The Impact of the Smart Home Revolution on Product Liability and Fire Cause Determinations

by Wilson Elser on

The concept of the Internet of Things (IoT) has existed for more than 15 years. Technology pioneer Kevin Ashton is widely credited with coining the term in 1999 to describe the connection of physical objects to the internet...more

King & Spalding Lawyers Discuss The Regulatory Landscape At Medical Device Cybersecurity Risk Mitigation Conference

by King & Spalding on

On July 25 and 26, 2016, industry stakeholders assembled in Arlington, Virginia, to participate in the Medical Device Cybersecurity Risk Mitigation Conference sponsored by Q1 Productions. The conference focused on the...more

Augmenting Reality: A Pokémon Go Business and Legal Primer

We have become inured to the sight of people staring at their phones rather than engaging with one another or enjoying their real-life surroundings. But, over the past two weeks, enslavement to mobile devices rose to new...more

FDA’s New Guidance on Data Integrity and Compliance with GMPs and Potential Product Liability Considerations

by Arnall Golden Gregory LLP on

The Food and Drug Administration recently released draft guidance for the industry entitled “Data Integrity and Compliance with CGMP [Current Good Manufacturing Practices].” While the draft is not legally binding on industry...more

Connected Cars and Self-Driving Cars: Not on Auto Pilot in Terms of Legal Risks

by Shearman & Sterling LLP on

The next car you buy may not need you in the driver’s seat. While the self-driving car may be rolling up to your driveway soon, there are still many issues related to legal risks that do not seem to be on auto pilot. Whether...more

Commercial Drones Set To Take Flight

by Snell & Wilmer on

On June 21, 2016, the Federal Aviation Administration (FAA) unveiled a landmark set of new rules for the commercial operation of small Unmanned Aircraft Systems (sUAS), more popularly known as drones. The new rules will take...more

Disproportionate Discovery, Even in an MDL

by Reed Smith on

Here’s a significant post-rules-amendments discovery decision out of the Xarelto MDL. In In re Xarelto (Rivaroxaban) Products Liability Litigation, 2016 WL 311762 (E.D. La. Jan. 26, 2016), the court (Fallon, J.) cited both...more

Class Action Round-Up: Fall 2015

by Alston & Bird on

Where the (Class) Action Is - Moving into the second half of 2015, there is no shortage of interesting cases across the spectrum of class action issues and claims. In this edition of the Round-Up, courts continue to...more

Webinar PowerPoint Slides: Medical Apps and Devices: The Convergence of FDA, FTC, and State and Federal Regulations

by Pepper Hamilton LLP on

These are the PowerPoint slides from this webinar: Years ago, if someone told you that computers would replace doctors for medical treatment, you would have laughed. While we have yet to reach this paradigm, mobile medical...more

Medical Apps and Devices: The Convergence of FDA, FTC, and State and Federal Regulations

by Pepper Hamilton LLP on

Years ago, if someone told you that computers would replace doctors for medical treatment, you would have laughed. While we have yet to reach this paradigm, mobile medical applications and devices have come to the forefront...more

The Internet of Things and the Inevitable Collision with Product Liability PART 4: Government Oversight

by Wilson Elser on

The exponential growth of the Internet of Things (IoT) is far outpacing the ability of stakeholders to address safety standards and security concerns. This is not unusual as rapidly developing technology often challenges...more

Health Hackers: Problems in Applying Traditional Products Liability Theories to Latent Cyber-Vulnerabilities in Medical Devices

by Butler Snow LLP on

October is National Cyber Security Awareness Month (yes, that’s a thing), so it seems fitting to write about an unprecedented alert recently released by the FDA to health care providers that warned of a medical device’s...more

Your Data Breach Collided With My Personal Injury Coverage

by Carlton Fields on

Editors at Wired magazine recently engaged in a year-long project to develop a means to hack the onboard computer of a Jeep, and override the driver’s control of several critical vehicle functions. According to a disturbing...more

The Internet of Things and Cyber Risk

From the 2015 PLUS Cyber Liability Symposium (#PLUScyber), Kirstin Simonson of Travelers visits the PLUS Media Zone to discuss the internet of things and related, emerging risks....more

Hacking Your Health: For Healthcare Providers, Risk Analysis Must Be Ongoing

by JD Supra Perspectives on

Healthcare providers would be wise to keep in mind that if a patient is harmed by a hacked medical device, Exhibit A in the negligence suit against them may be that provider’s risk analysis, or lack thereof....more

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Cybersecurity

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