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Financial Services Weekly News - July 2017 #2

by Goodwin on

Editor's Note - In This Issue. After making a splash with the finalized version of its Arbitration Rule, the Consumer Financial Protection Bureau (CFPB) proposed temporary adjustments to the reporting requirements for...more

SEC Chairman Clayton Talks Cyber Threats And Responses

by King & Spalding on

On July 12, 2017, U.S. Securities and Exchange Commission Chairman Jay Clayton made his first public speech as head of the Commission, emphasizing the need for coordination between companies and regulators to thwart cyber...more

Three big questions about AI in financial services

by White & Case LLP on

To ride the rising wave of AI, financial services companies will have to navigate evolving standards, regulations and risk dynamics—particularly regarding data rights, algorithmic accountability and cybersecurity....more

A Twist on Campbell-Ewald: Seventh Circuit Rejects Effort to Moot Class Action Claims Under F.R.C.P. 67

In Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief under Federal Rule of Civil Procedure 68 did not moot a class plaintiff’s...more

President Trump Changes Course On Joint “Cyber Security Unit” With Russia

by King & Spalding on

On Sunday, July 9, 2017, coming out of the G20 Summit during which President Trump had met with Russian President Vladimir Putin for over two hours, Trump tweeted that he and Putin “discussed forming an impenetrable Cyber...more

Gift Card Class Action Settles

by Klein Moynihan Turco LLP on

SoulCycle, Inc. (“SoulCycle”) has agreed to pay up to $9.2 million to settle a gift card class action lawsuit in California. What were the allegations of wrongdoing against SoulCycle and what are the terms of settlement?...more

The Impact of the General Data Protection Regulation on Responses to Data Breaches Involving EU Personal Data

by McDermott Will & Emery on

The forthcoming General Data Protection Regulation will expand the legal obligations of companies that process EU personal data when they suffer a data breach. Every company faces the risk of a data breach that might trigger...more

Twilio Narrowly Avoids TCPA Lawsuit Liability

by Klein Moynihan Turco LLP on

On July 12, 2017, the United States District Court for the Western District of Washington dismissed a putative class action complaint filed against Twilio, Inc. (“Twilio”), alleging that the platform had violated the...more

A Sometimes Overlooked Fact About Express Warranty

by Reed Smith on

The warranty is “express.” Before you say, “Well, duh,” this sometimes actually does matter. Here’s how. Most complaints in product liability actions involving prescription medical products that include express warranty...more

China Drafts Legislative Rules Regarding Cross-border Data Transfers

by Morgan Lewis on

The draft legislation provides further guidance on the regulations provided in the recent cybersecurity law, including definitions and details on the security assessments required for cross-border data transfers....more

UK Data Protection Authority Publishes International Strategy

by King & Spalding on

The United Kingdom’s Information Commissioner’s Office (“ICO”) has published its international strategy for 2017-2021, which sets out the UK’s strategy for its relationship with the European Union on data privacy matters...more

McNees Advocate Alert - July 2017

In February 2016, a computer hacker sent an e-mail infected with a “ransomware virus” to an employee of the town of Medfield, Massachusetts. When the e-mail was opened, the virus spread throughout the town’s computer network,...more

The State AG Report Weekly Update

by Cozen O'Connor on

Republican Chess Bedsole Announces Bid for Alabama Attorney General- Chess Bedsole, who previously served as the Alabama campaign chairman for President Trump, announced his candidacy to become the Alabama AG. Bedsole is...more

At the One-Year Mark, the EPA’s Existing Chemical Review Process is Taking Shape: What Does That Mean for Your Business?

On Thursday, June 22, 2017, the Environmental Protection Agency (EPA) announced a series of actions implementing its new authority to review the safety of chemicals already in U.S. commerce under the recently amended Toxic...more

New FTC Guidance on Children’s Online Privacy Protection Act

by Morgan Lewis on

In May 2017, Senator Mark Warner of Virginia sent a letter to the Federal Trade Commission (FTC) raising concerns about the security of data collected, transmitted, and/or stored by internet-connected products geared toward...more

Fintech Firm Shut Down and Fined by the FTC

by Carlton Fields on

A financial technology firm and its CEO have agreed to pay $104 million to resolve the FTC’s allegation that they misled consumers into providing sensitive personal and financial information, which was later sold without...more

HIPAA in the Age of Ransomware

According to a recent US Government Interagency report, ransomware is the fastest growing malware threat, targeting users of all types, including health care facilities. This past spring, for example, the WannaCry ransomware...more

California Adopts First Green Chemistry Regulations for Children’s Nap Mats and Provides Important Guidance for Its Alternatives...

by Morrison & Foerster LLP on

California took two important steps forward to implement its new Green Chemistry Initiative, also known as the Safer Consumer Products (SCP) Program, to regulate and encourage replacement of toxic chemicals in consumer...more

FDA’s Denial of Citizen’s Petition “Clear” Enough for Preemption of Failure-to-Warn Claims

The Tenth Circuit recently upheld a Utah district court’s finding that a branded drug manufacturer could not be held liable for failing to warn consumers about alleged birth defect risks when the FDA had previously rejected a...more

Timely Reminder: Lawyers’ Ethical Obligations and Technology

by Morgan Lewis on

In June 2017, companies, government entities, and law firms faced a global ransomware attack from a type of malware where attackers lock certain data or components of a system and demand payment in exchange for returned...more

LabMD – FTC Face-Off Continues Over FTC’s Data Privacy Authority

by Patrick Law Group, LLC on

The U.S. Court of Appeals for the Eleventh Circuit recently heard oral arguments in LabMD, Inc. v. Federal Trade Commission, the long-running dispute over the FTC’s authority to impose liability for data security breaches...more

A Cautionary Tale Regarding Case and Witness Preparation in Third Circuit TCPA and FDCPA Decision

by Hinshaw & Culbertson LLP on

In a cautionary tale for the defense bar, the Third Circuit recently upheld a consumer's TCPA claims and reversed summary judgment on the FDCPA claims in Daubert v. NRA, Nos. 16-3613 and 16-3629 (3d Cir. July 3, 2017)....more

App Provider Escapes TCPA Liability for User-Initiated Text Message Marketing

by Klein Moynihan Turco LLP on

Last month, the federal district court in San Diego dismissed a putative class action lawsuit against mobile app provider Poshmark, Inc. (“Poshmark”) in connection with text message marketing delivered via the Poshmark app....more

Privacy Tip #95 – Echo Show Drop In Feature

I don’t own an Echo, and Alexa is not listening to all of the conversations in my home. If that were the case, I would have no credibility in writing weekly Privacy Tips....more

DeepMind Deal with NHS Trust Reveals Privacy Concerns

Back in 2015, DeepMind, a Google company, signed a deal with the Royal Free NHS Foundation Trust. The deal allowed DeepMind access to 1.6 million patients health information as well as the ability to develop an app called...more

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