News & Analysis as of

Highlights from the FTC’s Second “Start With Security” Initiative

On November 5, the FTC hosted its second “Start With Security” event in Austin, Texas in an effort to provide companies with practical tips and strategies for implementing effective data security....more

Is It Ever Okay to Share Passwords?

If you’ve ever let your kids sign into your Netflix or HBO Go account, or given your marketing department access to your Twitter feed, you may be committing a federal crime, depending on how the Ninth Circuit rules on a case...more

Alert: Estate Planning for Digital Assets

Do you have a personal laptop computer, iPad, iPhone or other personal electronic device requiring an access password? Who, besides you, has that information? If something happens to you, how will your information be...more

Will The CFAA, An Old Anti-Hacking Law, Apply To Password Sharing?

David Nosal, an ex-employee of Korn Ferry International (“KFI”), convinced some of his former colleagues to download source lists from KFI using their log-in credentials and the log-in credentials of another employee. In...more

Nosal Update: Ninth Circuit Hears Oral Arguments on Password Sharing and Scope of Computer Fraud and Abuse Act

On October 20, 2015, a Ninth Circuit panel consisting of Chief Judge Sidney Thomas and Judges M. Margaret McKeown and Stephen Reinhardt heard oral argument from the U.S. Department of Justice and counsel for David Nosal on...more

Quick Guide to Trade Secrets

An overview of trade secrets, the critical business information that provides companies with a competitive edge. What are Trade Secrets? - Technical Information - Product formulas - Product designs ...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

New Maine Social Media Privacy Law Takes Effect October 15, 2015

Maine has become the latest state to restrict employers’ ability to access social media accounts of employees and applicants. A new Maine statute, which will go into effect on October 15, 2015, prohibits a broad range of...more

How to Protect and Secure Your Connected Devices

The Federal Bureau of Investigation is warning companies and the public to be aware of vulnerabilities that cybercriminals could exploit in connected devices, otherwise known as Internet of Things devices....more

6,400 American Bankers Association members’ usernames and passwords compromised

Late last week, the American Bankers Association disclosed that its computer systems had been compromised exposing thousands of members’ personal information. The hacking occurred through its website’s shopping cart tool,...more

District Court Rules That Smartphone Passcodes Are Testimonial; Protected by Fifth Amendment

In Securities and Exchange Commission v. Huang, the district court held that the Fifth Amendment protected two former employees against having to disclose their personal passcodes for company-issued smartphones to government...more

FTC Gives Words of Warning to the Wise

The Federal Trade Commission has issued new guidance on data security to help businesses that collect, store and use consumer information to stay out of hot water with the agency. Gleaned from the more than 50...more

Blocked: Managing Social Media at Work Under Virginia’s New Privacy Law

With social media pervading all facets of society (no less than 67 percent of Americans are regular users), businesses have long been concerned with their employees’ potentially detrimental social media activities. As these...more

Notifying Parties In Username/Password Breaches . . . It’s Not Just the Law

As we head into the end of 2015, state legislators across the country continue to strengthen, update and, in some instances, broaden the scope of their respective state data breach notification laws. Specifically, many...more

Employees: Your Role in Keeping Trade Secrets ‘Secret’

As an employee, do you know what you should be doing to protect your company’s critical business information and trade secrets? It’s likely that in your employment contract you agreed not to disclose confidential corporate...more

Social Media Employee Privacy Laws – The New Majority Approach?

As the old Bob Dylan song goes, “the times they are a-changin’.” While I suspect his message may have been intended for a more meaningful topic than social media employee privacy laws, his words do ring true. When Maryland...more

State Employment Laws That Every Virginia Employer Should Know

Keeping track of the latest changes to federal employment laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), to name just a few, is hard...more

Court Refuses to Compel Employees to Disclose Passcodes for Employer-Issued Smartphones

Just this week, in Securities and Exchange Commission v. Huang, No. 15-269 (E.D. Pa.  September 23, 2015), the United States District Court for the Eastern District of Pennsylvania denied the Securities and Exchange...more

Gavel to Gavel: Filling data security gaps

Sound data security programs are not only structured, but populated. Managers provide active oversight of employee access to and usage of data. Proper management can help avoid certain often-­-overlooked ...more

Weekly Privacy Tip#1 – Password management

I am asked every day how one can protect their information and privacy in this world of daily data breaches, so we are adding a weekly practical tip to assist our readers in managing their information....more

UPDATE: Third Circuit Affirms FTC’s Data Security Authority in Wyndham

The U.S. Court of Appeals for the Third Circuit released its much-anticipated ruling in Federal Trade Commission v. Wyndham Worldwide Corp. on August 24, 2015, unanimously upholding the FTC’s authority to regulate companies’...more

Delaware Changes Online, Student Privacy Protection Laws

Four pieces of legislation intended to improve online privacy and protections for Delaware residents were signed into law by Governor Jack Markell on August 7, 2015. Collectively, this legislation will impact a broad range of...more

New Potential Liability for Data Security: U.S. Court of Appeals for the Third Circuit Announces FTC has Authority to Scrutinize a...

The U.S. Court of Appeals for the Third Circuit announced that the Federal Trade Commission (FTC) has the authority to scrutinize a business’s data security protocol -- and to file a complaint if the FTC finds that protocol...more

Hold that Friend Request: Legal Traps in a Post-Facebook Work Environment

Many well-meaning managers engage with employees on social media websites, and doing so provides a host of benefits: stronger relationships between employees and management; a sense of collegiality; instant updates on...more

Delaware enacts a series of privacy laws

Delaware recently enacted four privacy laws–the Online and Personal Privacy Protection Act (DOPPA), the Student Data Privacy Protection Act (SDPPA) the Victim Online Privacy Act (VOPA) and the Employee/Applicant Protection...more

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