News & Analysis as of

NIST Vetting Guidance Valuable for Health Care Organizations Seeking to Use Third-Party Apps

The mobile app and wearables market in health care is booming, most recently evidenced by Apple’s entry into the market with its widely-anticipated “HealthKit,” a purportedly secure platform that allows mHealth apps to share...more

NIST Issues Draft Report Enumerating Risks and Protections to Consider When Evaluating Mobile Apps for Your Enterprise

As the world recovers from the excitement leading up to Tuesday’s Apple Live Event announcement of the new iPhone 6 and Apple Watch, mobile app developers are chomping at the bit to create software that leverages the new...more

Spotlight on Privacy in the Automotive Industry

Privacy is a hot topic these days, and the automotive industry is no exception. Connected cars, in-car location services, telematics systems, event data records (black boxes), driverless cars, online consumer targeted...more

Privacy Tuesday: July 2014 #2

FTC Sues Amazon Over In-App Purchases Made by Children - Children, according to Whitney Houston, are our future, but they are also, according to the Federal Trade Commission, willing to spend unlimited amounts of money...more

Week in Review

Move over World Cup. Discipline based on employee social media activities is taking center stage this week. Well, maybe the World Cup has a few more headlines, but you can follow the links below to read four articles from...more

The FTC Continues Its Focus on the Mobile Arena

The Federal Trade Commission has recently focused its consumer protection efforts on the mobile arena, and particularly video game companies operating in that arena. Early last year, the FTC issued several staff...more

Common Flaws in Computer Fraud Class Actions: Lawsuits claiming unauthorized use of smartphone tracking technology are lacking key...

A number of class actions have recently been filed in federal district courts, predicated, in part, on alleged violations of the federal computer crime statute, the Computer Fraud and Abuse Act, complaining of tracking...more

Unauthorized Children’s In-App Purchases Round Two: Google Faces Class Action

Just two months after Apple’s settlement with the FTC over lax parental controls over children’s in-app purchases, Google takes the spotlight with claims of unauthorized children’s in-app purchases in the Google Play Store!...more

Advertising Law - Jan 29, 2014

Shape Magazine Should “Clearly and Conspicuously” Disclose Branded Content, Says NAD - Keeping a close eye on native advertising, the National Advertising Division recently reviewed an article in Shape magazine that...more

Eye on Privacy - January 2014

In this issue: - FTC Settlement with Flashlight App Requires Extensive Disclosures Outside of the Privacy Policy to Collect and Share Geolocation Information - GAO and Senate Commerce Committee Release Studies...more

FTC Reaches $32.5 Million Settlement Agreement with Apple, Inc. Over Deceptive Billing Practices in Mobile Apps for Children

The Federal Trade Commission announced its sizeable settlement agreement with Apple, Inc. on Wednesday, over allegations that the company had violated Section 5 of the Federal Trade Commission Act by billing consumers...more

BREAKING NEWS: FTC Announces Major Settlement with Apple

Apple Agrees to Pay Consumers At Least $32.5 Million to Settle Complaint of Unfair Billing Related to Children’s In-App Charges - FTC Chairwoman Edith Ramirez just announced (press conference) that Apple, Inc....more

Plaintiffs Hit an Illinois Brick Wall: Indirect Purchasers of iPhone Apps Lack Standing to Bring Antitrust Suit

On December 2, 2013, United States District Judge Yvonne Gonzalez Rogers of the Northern District of California dismissed a case against Apple brought by a putative class of consumers who purchased applications from the App...more

Week in Review - November 21, 2013

As turkeys and pumpkin pie ingredients fill grocery carts across America, employee privacy issues fill the workplace. A recent survey shows that younger employees, ages 18 to 25, are more concerned about their privacy in the...more

Week in Review - September 27, 2013

This week, everyone seemed to have an opinion about Apple’s new iOS 7 software for iPhones – whether they loved its new features or were frustrated that it took too long for data to download. While many people were absorbed...more

Too Much of A Good Thing? Mind the Privacy Implications of iOS 7's New MDM Capabilities in Your BYOD Workforce

In addition to the consumer hoopla over iOS 7, companies managing BYOD programs also have reason to rejoice. As reported on CIO.com, iOS 7 brings about a new level of control for companies through expanded app-level MDM...more

Privacy Monday - July 1st, 2013

Privacy Tidbits to start your week - The Risk-Benefit Analysis of BYOD: As we have written in the past, the proliferation of the “bring your own device” (BYOD) trend is a high-wire balancing act for IT and...more

Advertising Law - Mar 15, 2013

In This Issue: SPECIAL FOCUS: FTC Releases Updated Guidance for Digital Marketers; Less Dry or Moisturized? NAD Decides; FTC Targets Lack of Security on Mobile Device's Software; Apple, Parents Reach Deal on In-App...more

Setback for Apple in iPhone MDL

In a case about exposing user data, Apple suffered a setback due to its concealment of information in litigation. Last week, in the multi-district litigation, In Re iPhone Application Litigation, Judge Lucy Koh of the...more

Advertising Law -- Feb 21, 2013

In This Issue: Neutrogena Escapes Class Certification; It's Not "Hip" to Steal Contact Info; Leibowitz Leaves the FTC—Who Will Take His Place?; A Court Ruling Wouldn't Be Kosher; California Supreme Court: Some Online...more

Designing for Privacy & Web Success

Originally published in Website Magazine, on January 18, 2013. It is a safe prediction for 2013 that public awareness of websites’ data privacy issues will continue to increase. In the last few years, popular websites,...more

FTC Issues Report On Mobile Privacy

On February 1, the FTC released a comprehensive report titled “Mobile Privacy Disclosures: Building Trust Through Transparency. As its title suggests, many of the recommendations in the report target mobile privacy issues. ...more

Privacy-on-the-Go: California Attorney General and Major Mobile Application Platforms Agree to Privacy Principles for Mobile...

Application developers have been put on notice by the State of California. It is time to pay attention to user privacy and collection of information from user devices. In an effort led by the office of California...more

Intellectual Property in 2013

Infringement! Litigation! Legislation! There is never a dull moment in the wonderful world of intellectual property law, and 2013 will be no exception....more

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