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Second Circuit Says No to Unilateral Revocation of TCPA Consent to Contact, Citing Contract Principles

by Hinshaw & Culbertson LLP on

The Second Circuit Court of Appeals has split with the Third Circuit, the Eleventh Circuit, and the Federal Communications Commission (FCC), and utilized contract principles to hold that a consumer may not necessarily have...more

Congressional Hearing on Driverless Cars: Tuesday, June 27

by Best Best & Krieger LLP on

The U.S. House Subcommittee on Digital Commerce and Consumer Protection will hold a hearing today on self-driving vehicle legislation at 10 am. ...more

Mind the gap – New Size-of-Transaction Test in German merger control

by Hogan Lovells on

New German competition law: Germany takes a pioneering role in adapting its competition law to the digital economy (Part 1) - On 9 June 2017, the 9th amendment of the German Act Against Restraints of Competition (ARC)...more

Washington Enacts a Biometric Privacy Statute in a Departure from the Existing Standard

We have been writing about the biometric privacy legal landscape, which has thus far been dominated by the Illinois Biometric Information Privacy Act (BIPA). While there are a number of states that are considering bills...more

Reach Out And Invite Someone – Federal District Court Sets Limits On Liability Under The TCPA

by King & Spalding on

On May 15, 2017, a federal district judge granted summary judgment in favor of Poshmark, Inc., dismissing a putative nationwide class action alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. §...more

The Cyberspace Administration of China Clarifies the Cybersecurity Law

by Dechert LLP on

At a press conference held on the eve of its launch, China’s Cybersecurity authority, the Cyberspace Administration of China (the “CAC”), provided clarification on some aspects of the Cybersecurity Law - notably on the...more

GDPR Compliance Update: Which Government Authorities Have Issued Official GDPR Guidance?

This post provides an update as to the current status of official GDPR-related guidance. With a little under a year remaining until the European Union’s General Data Protection Regulation (GDPR) becomes enforceable, companies...more

Retail and Consumer Products Law Roundup - May 2017

Supreme Court Refuses to Hear Interchange Settlement Appeal - The U.S. Supreme Court denied a request to review the U.S. Court of Appeals for the Second Circuit's ruling overturning a $7.25 billion settlement agreement in...more

Takeaways From TRANSACT: Payments Industry Legal and Regulatory Trends

by Perkins Coie on

Earlier this month, the Electronic Transactions Association (ETA) hosted its annual TRANSACT conference to connect and educate the various branches of the payments industry. Industry leaders spoke on technology, security,...more

Target Reaches $18.5 Million Dollar Settlement in Data Breach with States

It seems as though we have been writing about this case for a lifetime. Target Corporation’s data breach saga came one step closer to a conclusion this week. On Tuesday, Target reached an $18.5 million settlement with 47...more

Governor Signs Amendment to Tennessee Data Breach Notification Law

by Bass, Berry & Sims PLC on

During the recent 110th Regular Session of the Tennessee General Assembly, Governor Bill Haslam signed into law an amendment to the Tennessee Identity Theft Deterrence Act of 1999....more

Australia And China Establish Cybersecurity Agreement

by King & Spalding on

On April 21, 2017, Australia and China forged an agreement to expand their cybersecurity cooperation. This agreement emerged as part of the Australia-China High-Level Security Dialogue held in Sydney. ...more

Yesterday, #WannaCry. Today, #DocuSignPhish

Another day, another data incident. If you use DocuSign, you’ll want to pay attention. The provider of e-signature technology has acknowledged a data breach incident in which an unauthorized third party gained access to...more

State Data Breach Notification Laws

by Foley & Lardner LLP on

While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more

New Mexico Enacts Data Breach Notification Law

by King & Spalding on

On April 6, 2017, New Mexico became the 48th state to enact a data breach notification law; the Data Breach Notification Act (the “Act”) will go into effect on June 16, 2017. The good news for many in the health care...more

A Primer on China’s New Cybersecurity Law: Privacy, Cross-Border Transfer Requirements, and Data Localization

China’s new Cybersecurity Law is one of the most important pieces of privacy and cybersecurity legislation we’ll see this year, and companies of all sizes need to be aware of its requirements – regardless of whether or not...more

Tips to Help a Business Avoid Data Breach Litigation

by Revision Legal on

Little else is as stressful for a company than handling the aftermath of a data breach. Not only does the company have the obligation of making notifications to clients about the data breach, but it may also be confronted by...more

$2.5 Million Settlement Reached as HIPAA Crackdown Continues on Unsecured Portable Devices

by Jones Day on

A recent settlement of $2.5 million for alleged violations of the Health Insurance Portability and Accountability Act ("HIPAA") continues a trend of government enforcement targeting health care providers and vendors that fail...more

Is There Fire Where There’s Smoke? The FTC Says Yes

In January of this year, the Federal Trade Commission (FTC) brought suit against Taiwan-based D-Link Corp. and its U.S. subsidiary, D-Link Systems Inc, in Los Angeles Federal Court, for failing to properly secure its consumer...more

Recent Updates to State Data Breach Notification Laws in New Mexico, Tennessee, Virginia

by Wilson Elser on

With the growing risk of cybersecurity attacks, the landscape of state-specific data breach notification laws continues to evolve. Companies and industries must stay aware of changes in the legal framework if they are to meet...more

Launch of Swiss-US Privacy Shield Framework Announced by US Secretary of Commerce

by Revision Legal on

International commerce is a huge business, but one of the challenges involved in conducting international business is that different countries may have different laws concerning privacy and the handling of personal data. Many...more

HIPAA and the Cloud’s Shared Responsibility Models

by Snell & Wilmer on

Cloud-based service providers (CSPs), like Amazon Web Services and Microsoft Azure, offer online access to shared computing resources. As such, they have developed a “shared responsibility model” for how CSPs and companies...more

Lawmakers Push FCC To Confront Cell Phone Cyber Threats

by King & Spalding on

In a letter dated March 28, 2017, Senator Ron Wyden, D-Ore., and Representative Ted Lieu, D-Calif., urged the Federal Communications Commission (“FCC”) to address cybersecurity vulnerabilities in the cell phone industry,...more

Be Compromise Ready: Go Back to the Basics

by BakerHostetler on

We are excited to release our third annual BakerHostetler Data Security Incident Response Report. This report analyzes the more than 450 data security incidents we led clients through in 2016. Companies continued to...more

Meritas Data Protection & Privacy Law GDPR: New territorial scope, one stop shop and consistency mechanisms

One of the undeniable highlights of the new General Data Protection Regulation (GDPR), which will come into force on 25 May 2018, is its extended territorial scope. The new geographical reach does not only come as a reaction...more

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Cybersecurity

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