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EUROPE – Getting closer to the EU Data Protection Regulation?

After the Italian term, the Latvian Prime Minister, Mrs. Laimdota Straujuma, took over the rotating presidency of the Council of the European Union. The Prime Minister, during the debate before the European Parliament,...more

New York Will Consider Increasing Data Security Laws

New York’s Attorney General, Eric T. Schneiderman, plans to propose new data security legislation this year which, if enacted, could result in New York having one of the strongest data breach laws in the country....more

"Insights Conversations: Cybersecurity"

This past year has been called the "year of the massive data breach," with many high-profile attacks on well-known companies. Skadden partners Cyrus Amir-Mokri, Patrick Fitzgerald, Marc S. Gerber, Stuart D. Levi and Timothy...more

Mobile Wi-Fi Bumps Up Against NIMBY

Hey, What Happened to My Internet Connection? - In February 2013, a guest who stayed at the Gaylord Opryland Hotel and Convention Center in Nashville filed a complaint with the Federal Communications Commission,...more

Speed of Pharmaceutical Innovation at Stake in N.Y. Antitrust Lawsuit

A pharmaceutical firm’s ability to efficiently produce and promote a better treatment for Alzheimer’s disease lies at the center of an antitrust lawsuit pending before the U.S. Court of Appeals for the Second Circuit. In...more

President Calls on Congress to Pass Cybersecurity, Data Breach Bills; Congress Begins Action on the Issue

In his sixth State of the Union Address to Congress, President Obama again called on Congress to strengthen the nation’s cybersecurity laws and enact a federal standard for data security and breach notification. Speaking...more

Tips for Protecting Your Data

With the global economic cost of cybercrime totaling more than $400 billion per year and breaches affecting companies ranging from retailers (e.g. Target, Walmart and Staples) and restaurants (Dairy Queen and Jimmy John’s) to...more

Turkish Parliament Approves E-Commerce Law

Turkey’s Parliament has approved Law No. 6563 on the Regulation of Electronic Commerce (Law) aimed at creating a more secure, transparent and accessible e-commerce environment. The Law is expected to come into force 1 May...more

OECD Releases Guidance for Digital Consumer Products

The Organisation for Economic Cooperation and Development (OECD) released Consumer Policy Guidance on Intangible Digital Content Products (Guidance) for protecting online consumers of digital content....more

N.Y. AG Seeks To Have the 'Strongest, Most Comprehensive' Data Security Law in Nation

Last week, New York Attorney General Eric Schneiderman announced that he would propose a new data security law in his state that would require companies to take increased safeguards for the protection of personal information....more

EU Art. 29 Working Party Announces Cooperation Procedure for EU Model Clauses

The Article 29 Data Protection Working Party (Working Party) released a Working Document setting forth a co-operation procedure for issuing common opinions on “Contractual clauses” considered as compliant with the EC Model...more

New York Attorney General Proposes Stiffer Data Security and Breach Notification Laws

New York State Attorney General Eric Schneiderman has proposed legislation that would make the state’s data security law the strongest in the country and require “unprecedented safeguards” for personal data....more

The President’s Cybersecurity Proposals

In the wake of recent cyber attacks on U.S. companies, including the now famous Sony hack, President Obama has proposed new federal legislation that would presumably provide more security for confidential and private...more

4 Things You Must Know About the New York Attorney General’s New Data Security Proposal

Fast on the heels of President Obama’s proposal to create a national data breach notification standard, yesterday, New York Attorney General, Eric Schneiderman announced that he will propose legislation that would...more

Reminder: CASL’s Software Installation Provisions Took Effect on January 15, 2015

Phase 2 of Canada’s Anti-Spam Legislation (CASL) relating to the installation of computer programs will come into force on January 15, 2015. Commonly referred to as the malware prohibition, CASL goes far beyond prohibiting...more

Will the “Naturally Occurring” Exemption for Food (and Supplements) Become an Achievable Defense in 2015?

What is the “Naturally Occurring” Defense? - One of the few defenses available to a company under Proposition 65 is the “Naturally Occurring” exemption for “food.” (CA Code of Regulations, Title 27, § 25501). Food...more

California Bans Nondisparagement Clauses in Consumer Contracts

The “Yelp” Bill impacts any entity or person doing business with consumers in California. Those who are fans of writing product or service reviews for sites such as Yelp will be pleased that California law just made it much...more

Online Retailer Zappos.com Reaches Settlement with Nine Attorneys General Over Data Security Breach

Last week, the online shoe and clothing retailer Zappos.com, Inc., reached a settlement with nine state Attorneys General over a 2012 data security breach that allegedly exposed the personal information of more than 24...more

OEHHA Proposes New Proposition 65 Warning Regulations

On January 12, 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) published two notices of proposed rulemaking regarding the State’s Proposition 65 warning regulations. OEHHA proposes to repeal...more

President Obama Announces New Federal Data Breach, Student Privacy and Consumer Privacy Legislative Initiatives

On Monday January 12, President Barack Obama announced several new proposals aimed at protecting consumer and student data in the digital age. The proposals will center on three pieces of proposed legislation, addressing...more

Hong Kong Cross-Border Data Transfers

Although the restrictions for transfer of personal data outside of Hong Kong set out in section 33 of the Personal Data (Privacy) Ordinance (the Ordinance) are currently not yet in force, the Hong Kong Privacy Commissioner...more

Stay Denied; Expedited Appeal Granted in Namenda Product Hopping Suit

Following the S.D.N.Y.’s award to the New York State Attorney General of an injunction requiring Actavis to continue distributing the immediate-release tablet version of its dementia drug, Namenda (which we analyzed...more

California Data Breaches Require Identity Protection Services

California has long set the standard for protection of its residents’ personal information. California’s constitution explicitly recognizes a right to individual privacy and California’s legislature has been on the forefront...more

The Merchant Financial Cyber Partnership Issues Cybersecurity Recommendations

The Merchant Financial Cyber Partnership (“the Partnership”) recently released eight recommendations aimed at enhancing the data security of the payments system across the merchant and financial industries. The Partnership...more

Cybersecurity Lessons Learned From the FTC’s Enforcement History

In 2014, cybersecurity and data breach incidents regularly made the headlines, with the reported breaches becoming increasingly large and complex. As in the past, these data breaches have inevitably been followed by a flurry...more

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