Consent

News & Analysis as of

Do You Need to Do Business with Your Co-Owner’s Children? It Depends on the Language of Your Agreements.

Owners of closely-held businesses, including family-owned companies, often agree to restrict the owners’ ability to later transfer their ownership interests to third parties. Such restrictions prevent one owner from selling...more

Impending New York Regulation Discouraging Payment By Direct Deposit And Debit Card Struck Down

Yesterday, the New York Industrial Board of Appeals struck down a regulation adopted by the New York Department of Labor (NYDOL) which sought to regulate the manner in which employers pay wages. The impending regulation,...more

Modernization? SAMHSA Falls Short in Updating 42 C.F.R. Part 2

On January 18, 2017, the Department of Health and Human Services Substance Abuse and Mental Health Services Administration (“SAMHSA”) published a final rule amending 42 C.F.R. Part 2 (“Part 2”), with an effective date that...more

SAMHSA Modernizes Regulations Governing the Confidentiality of Substance Use Disorder Records

After nearly thirty years since the last substantive change to the law, on January 18, 2017, the Substance Abuse and Mental Health Services Administration (SAMHSA) published its final rule (the “Final Rule”) implementing...more

The GDPR – Possible Impact on the Life Sciences and Healthcare Sectors

Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016, (the “GDPR”) came into force in May 2016 and introduced a number of changes to European data protection law. Such changes will impact upon...more

Hungary defines legal grounds for data processing in the workplace

Due to the nature of employment relationships, personal employee data are processed in countless contexts every day. However, Hungarian labor regulations have very limited provisions on data processing at the workplace....more

Eight Things to Know About the New Federal Substance Use Disorder Privacy Rule

A final rule published on January 18 implements the first major revisions to the federal regulations governing the confidentiality of substance-use disorder patient records (Part 2) since 1987. It finalizes a proposal from...more

Using a Person's Image for Commercial Purposes: Lessons Learned from the Chipotle $2.2 Billion Lawsuit

This month, a California woman sued Chipotle for $2.2 billion based on the burrito chain's unauthorized use of her photograph in its promotional materials. The $2.2 billion demand represents Chipotle's profits from 2006, when...more

Ninth Circuit: In-Box Arbitration Clause Not a Binding Contract

Adding more complexity to the issue of arbitration contract formation, the Ninth Circuit has rejected Samsung's attempt to compel individual arbitration of fraud claims asserted by plaintiffs in two class actions. Ruling in...more

EU Proposes Overhaul to Privacy and Electronic Communications

January 10, 2017 marked another important step towards reform of the EU data protection framework, with the release of the EU Commission’s proposals for a new Regulation governing privacy and electronic...more

Do Outsiders Have Standing?

One of the essential elements of a contract is the consent of the parties. Cal. Civ. Code § 1550(2). When a party is not a corporation, there is always a question of whether the person or persons signing the contract have...more

New Year, New Rules for Employers Doing Business in New York

Last year the New York legislature and New York Department of Labor amended several employment laws implementing changes that took effect at the end of 2016 or are set to take effect early this year. This post summarizes the...more

Toys Not Immune from Scrutiny Over Privacy and Security Weaknesses

In the wake of the holiday season, it seems that even toys are not immune from privacy and security pitfalls. Two “connected” toys, Genesis Toys’ My Friend Cayla and i-Que robot, have been accused of violating U.S. and...more

Court Affirmed Jury’s Findings Of Breach Of Fiduciary Duty By Joint Venture Partner And The Partner’s Representative

In CBIF v. TGI Friday’s, a joint venture partner sued the other partner for breaching fiduciary duties for unreasonably withholding consent regarding amending a lease and by acting out of its own self-interest in threatening...more

[Webinar] The FCC Privacy Rules: What You Need to Know - Nov. 29th and Dec. 6th, 1:00pm Eastern

Following the approval of the FCC’s new privacy rules on October 27, ISPs need to address a number of issues, including opt-ins and opt-outs as well as information security programs. To help you prepare, the DWT team has...more

Implied Consent under Privacy Law Reconsidered

The federal private sector privacy regime operates on a consent basis. Unless an exception is applicable consent is needed to collect, use or disclose personal information of another. That consent can be express or implied....more

New York State Department of Labor Issues Final Wage Regulations Imposing New Notice and Consent Requirements on Direct Deposit...

Effective March 7, 2017, employers who pay wages via direct deposit and/or payroll debit card will need to comply with more stringent requirements. The New York State Department of Labor (the “NYSDOL”) recently issued final...more

New York Department of Labor Issues Final Regulations for Direct Deposit and Payroll Debit Cards

On September 7, 2016, the New York State Department of Labor (“NYSDOL”) adopted final regulations (“Final Regulations”) limiting the methods by which New York employers may pay their employees and defining mandatory...more

FCC Imposes Privacy Restrictions on Broadband Providers…For Now

As he rushes to accomplish his list of objectives before the change in administrations, FCC Chairman Tom Wheeler was able to cross one off that list last week. For the first time, the FCC imposed privacy requirements on...more

New FCC Privacy Rules for Broadband and Voice Providers

In an order issued November 2, 2016, the Federal Communications Commission for the first time imposed privacy requirements on providers of broadband internet access services (“BIAS”). The much-anticipated order was an...more

FCC Adopts Privacy Regulations for Broadband Internet Service Providers

On October 27, 2016 the FCC announced its adoption of an Order establishing a set of privacy regulations ("Broadband Privacy Rules") governing the use of consumer personal information by Broadband Internet Service Providers...more

FCC Approves Consumer Privacy Rules For Broadband ISPs

On October 27, 2016, the U.S. Federal Communications Commission (“FCC”), in a 3-2 vote along party lines, adopted new privacy rules for broadband providers aimed at protecting the privacy of consumers. FCC Chairman Tom...more

FCC Adopts Controversial Broadband Privacy Regs

BREAKING NEWS – The FCC has voted 3-2 along party lines to require internet service providers (ISPs) to get a customer’s explicit consent before they can use or share what is termed “sensitive” personal information. ...more

Leaked Playboy Photographs Case Considers How Hyperlinking Can Infringe Copyright

The Court of Justice of the European Union (CJEU) has blurred the lines between primary and secondary copyright infringement in a decision concerning hyperlinks to leaked photos of a Dutch celebrity’s Playboy photoshoot. For...more

Class Action Filed Against Indianapolis Colts over App

This month, the Indianapolis Colts, app developer Yinzcam, Inc., and ultrasonic technology provider Lisnr, Inc., were hit with a federal class action lawsuit in Pennsylvania for violating the Electronic Communications Privacy...more

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Cybersecurity

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