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Nebraska and Kentucky Pass Comprehensive Privacy Laws

So far 2024 has seen a flurry of new and proposed state comprehensive privacy legislation. Nebraska and Kentucky are the two latest states to jump on the bandwagon. Both follow the now familiar framework established by the...more

Directors and executives take note: Delaware court voids Elon Musk’s $55B Tesla pay package

”Was the richest person in the world overpaid?” That is the question that the Delaware Court of Chancery answered in its Jan. 30, 2024, decision in the shareholder derivative action Tornetta v. Musk, et al., C.A. No....more

Texas Passes a Comprehensive Privacy Law

In June, Texas became the tenth state with a comprehensive privacy law. The Texas Data Privacy and Security Act (“TDPSA”) contains familiar provisions from other state privacy laws regulating the collection, use, processing,...more

Another Court Rejects “Commercial Pretext” Theory for TCPA Violations

Invites to free webinars are not unsolicited advertisements, says Maryland federal court - The Telephone Consumer Protection Act (TCPA) prohibits sending an “unsolicited advertisement” to a fax machine, absent certain...more

“Simply Beyond the Bounds of Common Sense”

California federal court rejects plaintiff’s attempt to circumvent Facebook In April 2021, the Supreme Court dealt a massive blow to Telephone Consumer Protection Act claims based on automatic telephone dialing systems...more

The Supreme Court’s Facebook Ruling Narrows TCPA Claims—But Does Not Eliminate Them

Last month, the Supreme Court resolved a long-standing circuit split over the definition of an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA). The highly-anticipated decision in...more

Beware Compromised Business Email... and the Litigation that Follows

Businesses are facing this system hack with ever-increasing frequency: An accounts payable employee receives new or updated payment instructions from a vendor via email. The email appears to be from a familiar counterpart at...more

NYS DFS September 4, 2018 Cybersecurity Compliance Deadline

Tuesday, September 4, 2018 marked the New York State Department for Financial Service’s deadline for compliance with several sections of cybersecurity regulation 23 NYCRR 500 (the “Regulation”). The Regulation covers any...more

D.C. Circuit Finds that Theft of Health Insurance Subscriber ID Numbers Is a Cognizable Injury in Identity Theft Litigation

Recently, the D.C. Circuit Court of Appeals ruled in Attias v. CareFirst, Inc., No. 16-7108, that customers had standing to sue a health insurer for a 2014 data breach in which the customers’ information was stolen. ...more

The FTC’s Public Comment on the NTIA’s Draft Coordinated Vulnerability Disclosure Template Reflects Further Support for the NIST’s...

In August 2016, the Federal Trade Commission (“FTC”) addressed the effect of the Cybersecurity Framework (“NIST Framework”) issued by the National Institute of Standards and Technology on FTC enforcement actions under Section...more

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