Privacy Communications & Media

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Yahoo Data Breach Update: A Third Notification + Shareholders Sue

Last week, Yahoo issued another warning to some of its customers telling them that their personal information may have been compromised in a data breach. This is the third notification to Yahoo users that their information...more

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...more

W2 Phishing Scam Hits Citizens Memorial Hospital

We continue to see all industries hit with W2 phishing scams, including the health care industry. Citizens Memorial Hospital, located in Bolivar, Missouri, was hit with the scam when one of its employees believed that an...more

FCC Adopts Broader Exemption from Enhanced Open Internet Transparency Disclosure Requirements for Small Providers

Today, the FCC adopted an order relieving broadband providers with 250,000 or fewer connections from the enhanced transparency requirements introduced in the 2015 Open Internet Order. Compared to the prior Administration’s...more

Retail and Consumer Products Law Roundup - February 2017

Ninth Circuit Tackles Several TCPA Issues in Gym Texting Case - Why it matters: Retailers communicate with their customers frequently as an essential part of their business. While these communications are typically...more

Advertising Law - February 2017 #4

Not-So-Smart TV: Vizio Settles Over Data Collection - For installing software on smart TVs and collecting viewing data on 11 million consumers without their knowledge or consent, Vizio, Inc. will pay the Federal Trade...more

Ninth Circuit: Redefining the Reach of Spokeo, and “Effective Consent” under the TCPA

The Ninth Circuit Court of Appeals recently held that, for purposes of the Telephone Consumer Protection Act of 1991 (TCPA), the scope of a consumer’s consent depends on the transactional context in which it is given. Van...more

Your Daily Dose of Financial News

A review of the Fed minutes released yesterday shows the willingness of some Fed Governors to start rate raising again sooner rather than later....more

Van Patten V. Vertical Fitness Is No TCPA Killer

The rise of Telephone Consumer Protection Act litigation in the past decade has been staggering. From just 14 cases in 2007, the number of TCPA-related filings has exploded to 4,860 in 2016 — a total that is expected to...more

Ninth Circuit to Decide Key TCPA Insurance Issue

The Ninth Circuit Court of Appeals recently heard oral argument in Los Angeles Lakers, Inc. v. Federal Insurance Company, a case raising the issue of whether an exclusion for invasion of privacy claims in a directors and...more

Sony Cyber-Attackers Lurking at Financial Supervisor “Watering Hole” Target Banks and Others

Cybersecurity specialists at BAE Systems and Symantec announced last week new evidence suggesting that the criminals behind the notorious 2014 attack on Sony Corp. are also responsible for recent cyber-attacks involving 104...more

Hong Kong Email Wire Fraud Epidemic - How to retrieve funds and prevent wire fraud

Over the Lunar New Year period, we observed a spate of email wire frauds (or ‘business email scams’) which involve funds being wired internationally to bank accounts in Hong Kong. The amounts transferred vary from a few...more

Sixth Circuit Denies Arbitration in TCPA Class Action for Calls to Past Customers

Phone calls made by a lawn care company after the termination of a customer's contract were beyond the scope of the parties' agreement to arbitrate any claim "arising from or relating to" their contract, the U.S. Court of...more

Google Ruling May Give Government an Opening to Broaden its Power Under Outdated Stored Communications Act

As technology progresses and the world becomes even more interconnected, the scope of the Stored Communications Act (“SCA” or “Act”) has become a topic of much interest in the federal courts. One question courts have grappled...more

Comments Sought of FCC Privacy Regime

On Friday, the Federal Register published the FCC’s January 17th Public Notice of the fact that eleven Petitions for Reconsideration were filed in the Broadband Privacy proceeding (WC Docket No. 16-106). The Petitions...more

Government Accountability Office Issues Report On Department Of Homeland Security’s National Cybersecurity And Communications...

On February 1, 2017, the United States Government Accountability Office (“GAO”) published a report assessing the performance and effectiveness of the National Cybersecurity and Communications Integration Center (“NCCIC”) of...more

Client Alert: Florida Passes the Florida Fiduciary Access to Digital Assets Act

The Florida Fiduciary Access to Digital Assets Act (the “Act”) took effect as of July 1, 2016. The digital world is growing at an exponential rate. The Act provides much needed guidance for digital asset owners of how they...more

Polish DPA Releases Data Privacy Inspection Plans – Targets Health, Shopping

The Polish Data Protection Authority (GIODO) has just released its inspection plans for 2017. This year, the GIODO has decided to target its review of compliance with data protection laws on the health services and consumer...more

CAS Legal Mailbag Question of the Week – February, 2017 #3

Life is not all data team meetings and cafeteria supervision. Two months ago, I met a wonderful woman on Tinder, and our relationship has blossomed ever since. Originally published in the CAS Weekly Newsletter -...more

House Legislation Purports To Require Warrants For All Email

On February 6, 2017, the U.S. House of Representatives unanimously passed the Email Privacy Act (the “Act”), co-sponsored by Representatives Kevin Yoder (R-KS) and Jared Polis (D-CO), which would require law enforcement to...more

Privacy Tip #74 – What to Do About Customs and Border Patrol

There has been lots of talk about the ripple effects of the Trump travel ban. But here’s a new twist I hadn’t heard before—U.S. Customs and Border Control (CBP) agents are detaining U.S. citizens and requiring them to unlock...more

Cybersecurity Threats for Treasury & Payment Management Systems Report Released

Pactera Technologies N.A., Inc. [www.Pactera.com] has released the report “Cybersecurity Threats for Treasury & Payment Management Systems: Six Things you Should Know to Manage Them.” It is easy to understand and pertinent,...more

Advertising Law - February 2017 #3

NAD Inquiry Results in Modified Celebrity Endorsements - As a result of an inquiry by the National Advertising Division, celebrity endorsements of FitTea were revised to better disclose material connections. The...more

China moves to implement security review of network products and services: but leaves foreign investor and manufacturer concerns...

On 4 February 2017, the Cyberspace Administration of China issued a draft of the Network Products and Services Security Review Measures (“Draft Measures”) for public comment: the Draft Measures remain open for comments until...more

TCPA Violations Claimed Against Rady Children’s Hospital in San Diego

Rady Children’s Hospital-San Diego (Rady) was hit with a proposed class action in California federal court this week for alleged violations of the Telephone Consumer Protection Act (TCPA) for autodialed debt-collection calls...more

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