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How to Design a Document Retention Policy

Data minimization can be a powerful – and seemingly simple – data security measure. The term refers to retaining the least amount of personal information necessary in order for an organization to function. Less information...more

Privacy Issues to Consider When Developing a Mobile App

Many of the most popular mobile apps collect personally identifiable information. Although most app developers are not required to display a privacy policy under federal law, they are contractually required to do so pursuant...more

European Commission Publishes E-commerce Geo-Blocking Inquiry Findings

The European Commission (the executive of the EU) recently published the initial findings of its e-commerce inquiry, an investigative process conducted to determine whether and to what extent competition is being restricted...more

This Week in FCPA-Episode 1 [Video]

In this initial This Week in FCPA, Episode 1, Jay Rosen and I review this week's happenings in the world of FCPA. Today we discuss the 4th anniversary of the New York Times story about Wal-Mart in Mexico, the Harder guilty...more

Analysis of the FCC’s Proposed Broadband Privacy Regulations

As we highlighted in a post last month, the FCC has proposed sweeping new privacy rules on broadband providers. Since our last post, the FCC has released its proposal in the form of a Notice of Proposed Rulemaking. ...more

How to Avoid or Respond to Wire Transfer Fraud

Businesses are increasingly falling victim to wire fraud scams – sometimes referred to as “man-in-the-email” or “business email compromise” scams. Although there are multiple variants, a common situation involves an attacker...more

TPPs Fail to Put Their Money Where Their (Litigation) Mouth Is and Lose

In third party payor litigation over prescription medical products, we have often marveled at the causation arguments that plaintiffs have offered and the willingness of some courts to accept collective proof over what really...more

Stakeholders Weigh-in on the NIST Cybersecurity Framework

In February 2014, the National Institute of Standards and Technology (NIST) published the Cybersecurity Framework, a voluntary framework designed to provide a “cost-effective means for critical infrastructure to identify,...more

FCC Proposed Rule Will Change Business Data Services (Also Known as Special Access) Marketplace

Public and Private Agencies' Rates Could Be Impacted - The FCC is expected to issue a Further Notice of Proposed Rulemaking on April 28 that will rewrite the rules that protect local governments, public agencies and...more

Financial Services Weekly News - April 2016 #2

Regulatory Developments - Cordray Testifies before Senate Banking Committee - On April 7, Consumer Financial Protection Bureau (CFPB) Director Richard Cordray testified before the Senate Banking Committee during the...more

Retailers Digitizing Daily Operations: From Mobile Payments to E-Receipts

When asked last year to name one technology that we rely on today that would no longer be around in 10 years, Microsoft CEO Satya Nadella responded: “fountain pens.” Some may question Mr. Nadella’s prediction of the...more

FCC Proposes Sweeping Broadband Privacy Rules

Broadband Internet access service providers would face a new, top-to-bottom consumer privacy regime. Twelve months after the US Federal Communications Commission (FCC) imposed common-carrier telecommunications rules on...more

Authenticating Purchases with Facial Recognition

Facial recognition technology has rapidly advanced in sophistication and accuracy over the years. Early use of the technology was focused on facial detection in security systems. Since 2014, the federal government has...more

Employment Law Navigator – Week in Review: April 2016 #2

That is SO last week - A couple of months ago, ride sharing app Lyft announced it had reached a settlement with drivers that would keep them classified as independent contractors, but pay them more than $12 million to...more

Dealing with Email Fraud? These Simple Steps Can Recover Assets in an Emergency

According to the FBI, there has recently been a significant spike in email fraud, costing businesses billions in the last two years – with a significant portion of these funds landing in Hong Kong bank accounts. If your...more

Mobile Location Analytics: Additional Considerations For Retailers

Since our first update on Mobile Location Analytics (MLA) for retailers, the International Working Group on Data Protection in Telecommunications ("the Group") has released a working paper raising additional considerations...more

Broadcast Station Reminder — Quarterly Filings and Requirements: Issues/Programs Lists; Children’s Programming; Commercial Limits;...

By April 10, 2016, all radio and television broadcast stations, both commercial and noncommercial, must prepare a list of important issues facing their communities of license, and the programs aired during January, February...more

FTC Puts Teeth into Native Ads Guidance: Lord & Taylor Settles Deceptive Ad Claim

Last week, fashion retailer Lord & Taylor reached a settlement with the FTC over its allegedly deceptive advertising campaign, the first such action since the FTC released its Enforcement Policy Statement on Deceptively...more

Taxing The Deal: State And Local Tax Issues In Telecom M&A Transactions

The acquisition of a telecommunications service provider or a cloud-based service provider raises unique state and local tax issues that do not arise in connection with the acquisition of other businesses. Telecom and...more

Erin Andrews Is Good Example of Fighting Back

A jury just awarded Erin Andrews $55 million against the man that filmed her without permission through the peephole of her hotel room and the hotel where they both stayed. The videos of a nude Andrews that were...more

U.S. Commerce Department Imposes Sanctions on Chinese Global Telecommunications Manufacturer ZTE Corporation

On Tuesday, March 8, the U.S. Department of Commerce placed Zhongxing Telecommunications Equipment Corporation, known as ZTE, on the Entity List, along with affiliates ZTE Kangxun Telecommunications Ltd., Beijing 8-Star...more

Alert: US Restricts Exports and Reexports to Chinese Telecom Company ZTE

The US Commerce Department's Bureau of Industry and Security ("BIS") has issued a final rule amending the Export Administration Regulations ("EAR") and imposing trade restrictions against Zhongxing Telecommunications...more

E-Commerce: National Competitions Authorities Weigh In on Sales Restrictions Regarding Online Marketplaces

In May 2015, the European Commission launched a two-year, industry-wide inquiry into the e-commerce sector to gather data on the functioning of e-commerce markets, so as to identify possible competition concerns. This sector...more

Travelling With Your Online Account in Europe

The European Commission’s proposal for cross-border portability of online content services for consumers is poised to bring changes to territorial licensing in the EU - Last year, we reported on the Commission’s...more

Undead as a Service: Tips to Help Ensure Your IT Agreements Can Withstand a Zombie Apocalypse

Do the undead read the small print? In our experience, zombies are typically more concerned with fresh brains than with forum selection, but Amazon Web Services (AWS) has helpfully updated its AWS Service Terms for anyone who...more

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