From streaming music and television to diaper and grocery deliveries, subscription services have become part of consumers’ daily life. However, while these subscription services — which enable customers to continue receiving...more
From streaming music and television to diaper and grocery deliveries, subscription services have become part of consumers’ daily life. However, while these subscription services — which enable customers to continue receiving...more
In May 2017, ransomware known as WannaCry affected computers in organizations around the world, encrypting data and demanding “ransoms” of between $300 and $600, payable in Bitcoin. WannaCry spread through organizations’...more
On October 18, 2017, the EU Commission released its report of the first annual review of the EU-U.S. Privacy Shield framework. The Privacy Shield is the successor of the Safe Harbor Agreement which was invalidated by the...more
10/23/2017
/ Cybersecurity ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
European Commission ,
European Economic Area (EEA) ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Personal Data ,
Popular ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
On June 12, 2017, the Supreme Court decided Henson v. Santander Consumer USA Inc., No. 16–349, holding that a company may collect debts that it purchased for its own account without triggering the statutory definition of...more
6/13/2017
/ Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Debt Buyers ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Henson v Santander Consumer USA ,
Popular ,
SCOTUS ,
Third-Party Service Provider ,
Unfair or Deceptive Trade Practices
On June 12, 2017, the Supreme Court decided Microsoft Corp. v. Baker, No. 15–457, holding that federal courts of appeals lack jurisdiction under 28 U. S. C. §1291, to review orders denying class certification (and orders...more
A year from today, radical changes to data privacy laws in the European Union will come into effect. Businesses should start preparing now, given the significant changes. The General Data Protection Regulation (GDPR) will...more
In the aftermath of the WannaCry ransomware attack, all organizations should take the opportunity to examine their cybersecurity protocols with an eye for optimizing practices and mitigating risks. We've outlined action items...more
A September 12, 2016 decision out of the U.S. Court of Appeals for the Sixth Circuit adds new fuel to an ongoing legal debate: when a data breach places a business’s sensitive customer information into the hands of hackers,...more
After months of negotiations with the U.S. government, the European Commission (the EU’s executive arm) has announced a new scheme for data transfers, the EU-U.S. Privacy Shield. This is intended to replace the Safe Harbor...more
The Court of Justice of the European Union has issued a landmark judgment in Schrems v Data Protection Commissioner (Case C-362/14) that invalidates the Federal Trade Commission’s (FTC) Safe Harbor Framework. The decision has...more
10/13/2015
/ Binding Corporate Rules ,
Data Protection Authority ,
EU ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
Facebook ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Ireland ,
Model Contracts ,
Safe Harbors ,
Schrems I & Schrems II ,
US-EU Safe Harbor Framework
On July 20, 2015, the U.S. Court of Appeals for the Seventh Circuit held in Remijas v. Neiman Marcus Group that injuries associated with resolving fraudulent charges and protecting oneself against future identity theft after...more
7/24/2015
/ Article III ,
Breach of Contract ,
Class Action ,
Data Breach ,
Federal Rule 12(b)(6) ,
Hackers ,
Identity Theft ,
Invasion of Privacy ,
Negligence ,
Neiman Marcus ,
Unfair or Deceptive Trade Practices
On June 18, 2015, the U.S. Supreme Court decided Walker v. Texas Division, Sons of Confederate Veterans, No. 14-144, holding that a State’s specialty vehicle license plates constitute government speech, so a State that allows...more
On June 18, 2015, the United States Supreme Court decided Reed v. Town of Gilbert, No. 13-502, holding that a municipal code subjecting signs to different regulations depending on whether the sign displayed an ideological...more
6/19/2015
/ Churches ,
Citations ,
Compelling Governmental Interest ,
Content-Based Restrictions ,
Exemptions ,
First Amendment ,
Fourteenth Amendment ,
Permits ,
Preliminary Injunctions ,
Reed v Town of Gilbert ,
SCOTUS ,
Signs ,
Strict Scrutiny Standard ,
Zoning Laws
On December 9, 2014, the U.S. Supreme Court decided Warger v. Shauers, No. 13-517, holding that Rule 606(b) of the Federal Rules of Evidence bars a federal court from considering evidence of a juror's comments during...more
On September 30, 2014, California Governor Jerry Brown signed into law an expansion of current California data breach laws. The bill, AB 1710, which was introduced in the wake of several high-profile data breaches, builds on...more