Mobile Apps

News & Analysis as of

CA AG Requires Chief Privacy Officer and Privacy Compliance Program

California’s Attorney General, Kamala Harris, has required Houzz, a home décor information and e-commerce website and mobile app publisher, to hire a chief privacy officer (CPO), conduct a company-wide privacy assessment, and...more

Peeple Are Peeple

The English electronic band Depeche Mode sang that more than 32 years ago. Still applies, for some. Social media has made it easier and quicker for everyone – your employees included – to post their feelings online...more

Jeepers, Creepers: The Launch of the New “Peeple” App and Privacy Concerns

It’s 12:43 in the morning, and you have had a tough day at work. You are tired, thinking slowly, and feeling a little anxious that you should already be in bed to catch some rest before a 6 a.m. wake-up call. And then you get...more

Weekly Privacy Tip #3 – Know how apps are accessing and using your constant location

Everyone loves their smartphone. Everyone loves the newest app. Angry Birds has lots of company now. But most people don’t know the back end of apps and how they are accessing, using and selling your data. Why? Because no one...more

The Government’s Embrace of Technology

When we think of the federal government and technology, the descriptors “tech savvy,” “early adopter,” or “cutting edge” don’t come to mind. In fact, despite all of the Obama Administration’s high-tech dreams, the federal...more

Do You Know Your IP Rights In Your Imagery and Other Data Products?

Two recent court cases highlight the need for businesses to carefully consider the intellectual property rights associated with building data products and services. This issue is of growing importance as companies...more

New Japanese ECommerce Consumption Tax Commences Effect on October 1, 2015

On October 1, 2015, Japan commences application of its business-to-consumer (“B2C”) ecommerce consumption tax (“JCT”), analogous to the EU electronic services VAT which commenced January 1 of this year. The JCT will require...more

Advertising Law - September 2015 #2

FTC Reviews Kids’ Apps for Privacy Progress - Three years after conducting a survey on apps directed to children, the Federal Trade Commission’s Office of Technology Research and Investigation decided to check back with...more

That is SO last week - September 2015 #4

No matter how many times employment lawyers say that the ADA may require employers to provide more leave than the FMLA’s 12 week allotment, some just don’t get the message. Last week, the EEOC announced a $300,000 settlement...more

Delaware Enacts Package of Internet Data Laws

Joining the collection of states with online privacy laws, Delaware has enacted a package of statutes governing the collection, storage and use of the personal information of Delaware residents by websites, Internet and cloud...more

As Website/Mobile Accessibility Regulations Near Completion, Plaintiffs' Firms Target Retailers

Retailers and other companies are coming under attack by plaintiffs’ law firms alleging that their websites and mobile applications do not comply with the accessibility requirements of the Americans with Disabilities Act...more

Apple’s Liability for the Xcode Hack

I don’t think I’m going out on a limb by speculating that someone, somewhere is preparing a class-action suit based on the recently disclosed hack of Apple’s app ecosystem. How did it happen? In a nutshell, hackers were able...more

TCPA Connect - September 2015

No Need to Wait for the U.S. Supreme Court—Seventh Circuit Rules on Mooting Offers in TCPA Suits - The latest court to weigh in on an offer of judgment in a Telephone Consumer Protection Act Suit: the Seventh Circuit...more

White House Announces Next Steps in Easing of Cuban Embargo But Broad Restrictions Remain in Place

On September 21, 2015, new amendments that further relax restrictions in the Cuban Assets Control Regulations (CACR) and the Export Administration Regulations (EAR) will take effect. In anticipation of the amendments’...more

That is SO last week - September 2015 #3

Last week, The New York Times reported that men “feel entitled to take time off for family” too. The subject of the article was Josh Levs, a former CNN reporter who wanted more time off when his third child was born...more

“Human Intervention” Defense To TCPA Gains Traction

On August 26, 2015, we wrote about a decision out of the Northern District of California, Luna v. Shac, LLC, Case No. 5:14-cv-00607-HRL, 2015 WL 4941781 (N.D. Cal. Aug. 19, 2015), in which the defendant prevailed in defeating...more

States Try to Make the Grade with Student Data Privacy Efforts

Eight states passed substantive bills during the 2015 legislative session requiring education-focused Internet service, websites and mobile app providers to take measures to protect student data - With students around the...more

Employee Misclassification Goes Viral with the Introduction of On-Demand Start-Ups, but the DOL May Have Just Crashed the Server

The United States Department of Labor (DOL) administers and enforces the Fair Labor Standards Act (FLSA). The FLSA is the federal law commonly known for minimum wage, overtime pay and related recordkeeping requirements. The...more

Court Dismisses TCPA Claim Against WhisperText Where Text Messages Sent at App Users’ Direction

Last week, in McKenna v. WhisperText et al., No. 5:14-CV-00424-PSG, 2015 WL 428728 (N.D. Cal. Sept. 9, 2015), the U.S. District Court for the Northern District of California dismissed a purported Telephone Consumer Protection...more

FTC Chairwoman Ramirez Urges Start-Ups to Establish a “Culture of Security”

On September 9, FTC Chairwoman Edith Ramirez delivered remarks at the Start For Security workshop, an FTC initiative intended to provide start-ups and developers with the resources and information necessary to integrate...more

Alert: Digital Advertising Alliance Begins Enforcing Mobile Privacy Rules

On September 1, 2015, the Digital Advertising Alliance ("DAA") began enforcing the application of its Self-Regulatory Principles for Online Behavioral Advertising and Multi-Site Data (the "OBA Principles", the "MSD...more

District Court Finds that Texts Sent Via Mobile App Not Subject to TCPA Due to Users’ “Affirmative Choices” to Send Messages

On August 24, a California district court ruled in favor of a rewards-based app company, rejecting plaintiffs’ arguments that the company violated the Telephone Consumer Protection Act (TCPA). Huricks v. Shopkick, Inc., No....more

5 Steps to Protecting Your Shrinking Trademark

Wherever we look, trademarks are getting smaller. From app icons to college stickers on cars, brands are shrinking as the competition for consumers' attention grows more fierce. A few years ago, parents proudly displayed...more

Global Privacy Sweep Finds Privacy Issues in Children’s Apps

Last week, the Global Privacy Enforcement Network (GPEN) released the results from their third annual Privacy Sweep. Twenty-nine privacy enforcement authorities spread across 21 countries reviewed 1,494 websites and mobile...more

[Webinar] Mobile Device Management for Health Care Organizations and Vendors - Sept. 10th, 10:00am PDT

In this webinar, we will demystify the HIPAA Security Rule and how to apply the administrative, physical, and technical safeguards in a mobile environment. We will discuss key takeaways from the recently released NIST Draft...more

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