Science, Computers & Technology Consumer Protection Privacy

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Information Security Policies and Data Breach Response Plans – If You Updated Yours In June, It’s Already Obsolete

With the recent uptick in the U.S. of lawsuits filed as a result of a data breaches, state legislators in the U.S. have been busy updating the many different state laws that dictate how a company must respond if they have...more

Seventh Circuit Court of Appeals Reverses Dismissal of Data Breach Class Action – Finds Standing

The Seventh Circuit Court of Appeals’ recent ruling in Remijas v. Nieman Marcus, 2015 U.S. App. LEXIS 12487 (7th Cir. July 20, 2015), reversed the lower court and held that customers of luxury retailer Neiman Marcus had...more

Netflix Defeats Video Privacy Class Action

In Mollett, et al. v. Netflix, Inc., No. 12-17045 (9th Cir. July 31, 2015), the Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative class action filed against Netflix, Inc. for alleged violations of...more

Amendment to the Personal Information Protection Act Passed in the National Assembly July 6, 2015

On July 6, 2015, the Korean National Assembly passed a bill containing several amendments to the Personal Information Protection Act (PIPA). This bill (the Amendment Bill) combines a number of major provisions from nine...more

Privacy & Cybersecurity Update - July 2015

Seventh Circuit Decision May Make It Easier for Class Action Plaintiffs to Establish Standing in Data Breach Cases - The Seventh Circuit has issued a decision that could make it much easier for class action plaintiffs to...more

Maine Welcomes Telemedicine with New Board Guidelines

The Maine Board of Licensure in Medicine enacted new guidelines governing the practice of telemedicine and the use of technology to deliver health care services. Effective June 2014, Maine’s guidelines expand upon prior Board...more

Facial Recognition and Privacy

Based upon the way modern computers are designed, there are certain tasks they are much better at performing than humans. It wouldn’t be pedantic to point the fact that’s the purpose of a computer in the first place: to do...more

CFPB Releases Principles for Payment Systems

Why it matters - In an effort to provide guidance to payment systems looking to reduce "pocket-to-pocket" payment times, the Consumer Financial Protection Bureau (CFPB) released principles for consumer protection to...more

Consumer Financial Protection Bureau releases Consumer Protection Principles

In response to advanced payment technology and consumers’ preference to non-traditional payment systems of writing checks, paying cash, or swiping a credit or debit card, the Consumer Financial Protection Bureau (CFPB)...more

LifeLock Inc. sued by FTC for allegedly violating order and misleading customers

In 2010, LifeLock Inc. entered into a settlement with the Federal Trade Commission (FTC) and 35 state attorneys general for $12 million for allegations involving false promises and lack of security. The settlement was...more

7th Circuit Opens Door to Data Breach Class Actions

On July 20, 2015, the U.S. Court of Appeals for the 7th Circuit issued an opinion that could dramatically change the class action landscape for companies that are victims of hackers. In Remijas v. Neiman Marcus Gp., the 7th...more

Advertising Law - July 2015 #5

Place Your Bets: Yahoo to Host Fantasy Sports Games - In a new business venture that adds to an ever expanding field, Yahoo announced that it will host daily and weeklong pay-to-play fantasy sports games for cash prizes....more

Guest Post - Just the Fax, Ma’am

While Bexis is on vacation, here is a guest post to take up some of the slack. Our guest blogger today is Henry Pietrkowski, a partner in Reed Smith's Chicago office. This one's a little different. It's about the impace of...more

Nevada, Washington and North Dakota Expand Data Breach Definition and Notice Requirements

Continuing the trend of states expanding their data privacy laws, companies that store and transmit personal information about residents of Nevada, Washington and North Dakota must now take note of additional data-element...more

U.S. Senators Introduce Automobile-Focused Cybersecurity Legislation

On July 21, Senators Blumenthal (D-CT) and Markey (D-MA) introduced legislation, the Security and Privacy in Your Car Act (“SPY Car”Act), that would protect drivers’ privacy while allowing them to remain connected to the...more

Data Breach Plaintiffs Bag a Win on Standing - Seventh Circuit Finds Against Neiman Marcus

In what is sure to be a widely cited data breach standing decision, the U.S. Court of Appeals for the Seventh Circuit found that increased risk of future harms from a data breach are sufficient to confer standing to sue upon...more

At Last! Canadian Breach Notification Has (Almost) Arrived

June 18, 2015 marks another step forward for a country with already strong privacy laws, with the long-awaited passage of the Digital Privacy Act in Canada. The Digital Privacy Act amends Canada’s existing privacy framework,...more

Significant Amendments to Connecticut and Nevada Breach Notifications and Data Security Laws

Nevada and Connecticut recently enacted amendments to breach notification and data security requirements that are relatively unique among existing state laws, thus imposing new compliance obligations upon companies doing...more

Lack of Privacy Awareness Among Children in Hong Kong

On May 19, 2015, the Office of the Privacy Commissioner for Personal Data (“PCPD”) announced the results of a study conducted in October 2014 that reveal a lack of privacy awareness among children in Hong Kong. The PCPD is...more

Ashley Madison Reveals Even More: Hacking May Be An Inside Job

In recent years, hacking has infiltrated the retail industry. Hacking has infiltrated the healthcare industry. Hacking has infiltrated the sports industry. And now, hacking has now infiltrated the most personal (some would...more

Retail Tracking Update: Privacy Guidance Following Nomi Technologies

There is currently a widespread effort to quantify everything, from steps, to sleep, to batted ball exit velocity. Fifteen years ago, TV host Jeremy Clarkson tested an innovative new supercar that could quantify your driving...more

Appealing News Regarding the TCPA

On Friday, July 24, the United States Judicial Panel on Multidistrict Litigation issued an Order consolidating in the D.C. Circuit Court of Appeals three timely petitions for review of a July 10, 2015 Declaratory Ruling and...more

FCC Clarifies Its Interpretations of the Telephone Consumer Protection Act, Provoking Strong Objections From the Business...

On July 10, 2015, the Federal Communications Commission (FCC) released a 140-page Omnibus Declaratory Ruling and Order in response to more than two dozen petitions from businesses, attorneys general, and consumers seeking...more

The Connected Car and Keeping YOU in the Driver’s Seat

Remember KITT? KITT (the Knight Industries Two Thousand) was the self-directed, self-driving, supercomputer hero of the popular 1980s television show Knight Rider. Knight Rider was a science fiction fantasy profiling the “car...more

Seventh Circuit Allows Data Breach Class Action to Proceed Against Neiman Marcus, Despite Lack of Current Harm to Credit Card...

Data breaches are often followed by class action suits in which the affected individuals seek damages. Corporations defending against such suits have used a 2013 Supreme Court case, Clapper v. Amnesty International, 133 S....more

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