News & Analysis as of

Privacy Updates

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

House Panel Approves Groundbreaking Federal Autonomous Vehicle Legislation Draft

by Perkins Coie on

The House Subcommittee on Digital Commerce and Consumer Protection reached bipartisan agreement on July 19, 2017, regarding major aspects of legislation to address the testing and deployment of autonomous vehicles. The...more

Vermont’s New Telemedicine Law Expands Insurance Coverage, Bans Recording

by Foley & Lardner LLP on

Vermont health care providers and patients can now enjoy a revamped, and significantly improved, telehealth commercial insurance coverage law. Vermont Governor Phil Scott signed S. 50 into law on June 7, 2017, expanding...more

FTC Reaffirms that IoT Devices Must Comply with COPPA

The Internet of Things (“IoT”) can be thought of as a group of different devices that can communicate with each other, perhaps over a network such as the internet. We have written extensively about many of the privacy...more

Coast Guard, DHS Mandate Cybersecurity Reporting, Move to Require Maritime Cybersecurity Programs - Trump Administration, Congress...

by Holland & Knight LLP on

Cybersecurity risks to the nation's critical infrastructure (CI) – defined as 17 CI sectors, including the transportation and maritime sector – continue to grow exponentially. The U.S. government and Department of Homeland...more

The Fourth Amendment Implications of Sharing Server Space

The prosecution of Martin Shkreli, whom the BBC has called “the most hated man in America,” reveals some important lessons about the Fourth Amendment protections against search and seizure in the digital corporate context:...more

TCPA Class Action Against Twilio Dismissed; No Violation of TCPA if Text Message Sent to Complete a Transaction

Last week, a Washington federal judge, Robert S. Lasnik, dismissed a Telephone Consumer Protection Act (TCPA) class action against Twilio Inc. (Twilio) based on the finding that a text message did not constitute telemarketing...more

Third Circuit Rules that a Single Voicemail on a Cell Phone is Sufficient to Confer Standing for a TCPA Claim

by Hinshaw & Culbertson LLP on

In another court's journey into the murky waters of constitutional standing post-Spokeo, the Third Circuit Court of Appeals concluded that one single voicemail on a consumer's cell phone is sufficient to confer standing under...more

Case Update: In Consumer Data Breach Case, Eleventh Circuit Indicates Concern over Scope of FTC’s Enforcement Actions

by Dorsey & Whitney LLP on

On June 21, 2017, the Eleventh Circuit Court of Appeals heard oral argument in LabMD, Inc. v. FTC, Case No. 16-16270, a case that is being carefully watched to see if it will clarify the limits of the Federal Trade...more

Privacy Tip #97 – Send Your Kid to Cyber Camp This Summer

I have lamented repeatedly that we have a dearth of cyber talent in the U.S. to meet the needs of employers. Many of our clients recruit talent from other countries in order to meet their cyber needs. The need continues to...more

COPPA Guidance Released to Help Businesses Keep Pace With Evolving Internet

by BakerHostetler on

The Children’s Online Privacy Protection Act (COPPA), enacted in 1998, created guidelines limiting the collection of personal information from children online. But 1998 was eons ago in Internet time; the online landscape has...more

NY AG Fines Healthcare Firm $130,000 for Improperly Delaying Breach Notices to Consumers Due to an FBI Investigation

by Arnall Golden Gregory LLP on

On June 15th, New York Attorney General Eric Schneiderman announced a settlement with CoPilot Provider Support Services Inc. to resolve allegations that the company improperly delayed notice to more than 220,000 consumers of...more

FCC Focuses on Consumer Protection From Robocalling and TCPA Violations

by Carlton Fields on

On July 13, the FCC issued a second notice of inquiry, following its March 23 adoption of a notice of proposed rulemaking, aimed at protecting consumers from robocalls. The rulemaking proposes express authorization for...more

AGG Food and Drug Newsletter - July 2017

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

Ashley Madison Settles Data Breach Case for $11.2M

Ashley Madison, which suffered a data breach in 2015 involving the loss of 37 million users’ personal and financial information, has settled the suit for $11.2 million....more

Lessons From the CoinDash Initial Coin Offering Hack

On July 17, 2017, the CoinDash initial coin offering (ICO) was hacked within minutes of its launch, resulting in numerous potential purchasers sending their money to a fraudulent address. The hack has raised many questions...more

Financial Services Weekly News - July 2017 #2

by Goodwin on

Editor's Note - In This Issue. After making a splash with the finalized version of its Arbitration Rule, the Consumer Financial Protection Bureau (CFPB) proposed temporary adjustments to the reporting requirements for...more

SEC Chairman Clayton Talks Cyber Threats And Responses

by King & Spalding on

On July 12, 2017, U.S. Securities and Exchange Commission Chairman Jay Clayton made his first public speech as head of the Commission, emphasizing the need for coordination between companies and regulators to thwart cyber...more

New Guidance Issued by EU Data Protection Regulators – Does Your Organization Use Social Media During Recruitment?

by McGuireWoods LLP on

The Article 29 Data Protection Working Party (comprising representatives from the data protection regulators in each EU Member State, the European Data Protection Supervisor and the European Commission) has issued an opinion...more

EU-U.S. Privacy Shield – What’s Its Future?

by Pierce Atwood LLP on

It’s been almost one year since the EU-U.S. Privacy Shield (Privacy Shield) came into existence. Its upcoming annual review in September by the European Commission (Commission) and the U.S. Department of Commerce (DOC) – its...more

D.C. District Court Expands Government Contractors’ Exposure to Consumer Data Breach Class Actions

The United States District Court for the District of Columbia recently endorsed private citizens bringing data breach claims directly against a government contractor where the contractor failed adequately to safeguard the...more

Deeper Dive: Application of Work-Product Doctrine to Forensic Investigations

by BakerHostetler on

In a recent post, we addressed the role a forensic investigation plays in a company’s response to a data security incident. We noted that to maximize the likelihood that a forensic firm’s work will be covered by the...more

Cyber Law Tracker: New Connecticut Cybersecurity Strategy

by Pullman & Comley, LLC on

As its next step in the creation and implementation of a cybersecurity plan, the State of Connecticut has created a Cybersecurity Strategy document. This strategy specifically highlights the roles and vulnerabilities of state...more

EU Regulation on Cross-Border Portability of Online Content Services in Force

by Reed Smith on

After publication in the Official Journal of the European Union, Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal...more

Review Of Previously Opened Email May Violate SCA

by Jackson Lewis P.C. on

In the midst of a heated litigation commenced by an employer against its former employee for alleged violations of a non-compete agreement, an employee returned the cell phone she used during her employment. Prior to...more

National Association of Corporate Directors Updates Cyber-Risk Oversight Handbook

by Hogan Lovells on

Earlier this year, the National Association of Corporate Directors (NACD) released an updated version of its Director’s Handbook on Cyber-Risk Oversight (Handbook). The updates add 16 pages of content to the previously...more

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