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Ohio Proposes Act to Incentivize Consumer Data Security

by Benesch on

Legislation was recently introduced in Ohio encouraging businesses to take steps in protecting consumer data. Ohio Senate Bill 220, The Data Protection Act (the “Act”), provides businesses that take certain commercially...more

12 O'clock High, a Podcast on Business Leadership-Communication Skills

by Thomas Fox on

In the episode, I consider two different issues around communication skills. The first is communicating across cultural boundaries. The second is the technique of asking questions to boost leadership. One of the things most...more

FTC Seeks Public Comment on Sears’ Petition to Modify Order Regarding Software Tracking Application

by Balch & Bingham LLP on

The FTC is seeking public comment on a petition by Sear’s to reopen and modify its 2009 consent order to restrict the broad definition of “tracking application”. In 2009, the FTC issued an order settling charges that Sears...more

Proposed CFIUS Overhaul Focuses on Cybersecurity and High-Tech Sectors

by Morrison & Foerster LLP on

Recently proposed legislation would substantially overhaul current law governing the Committee on Foreign Investment in the United States (CFIUS) by dramatically expanding CFIUS’ authorities and calling for CFIUS to take...more

Terms and Conditions Land Online Trader in Difficulty in Australia

by Jones Day on

The Ruling: A computer retailer was order to pay a fine for violating the Australian Consumer Law. The Impact: Businesses must ensure that the terms and conditions in their warranty notices comply with the law, or risk an...more

Privacy Shield Gets Passing Grade

In reviewing the first year of implementation of the European Union-United States Privacy Shield, the Commission to the European Parliament and the Council declared it “adequate.”...more

The First Step to GDPR Compliance Is Reintroducing Yourself to the Individual

by NAVEX Global on

The European Union’s looming new General Data Protection Regulation will be one of the biggest GRC issues companies face in 2018. Its extraterritorial reach is sweeping, potential penalties are high, and conceivable...more

FTC Provides Guidance on Reasonable Data Security Practices (Part III of III)

by Patrick Law Group, LLC on

This is the third in a series of three articles on the FTC’s Stick with Security blog. Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive...more

Second Circuit Refuses to Rehear Consent Revocation Case

In the TCPA lawsuit, Reyes v. Lincoln, filed in 2015, Reyes leased a new luxury Lincoln and provided his cell phone number in his lease application. The application included a provision that Reyes “expressly consent[ed]” to...more

GDPR and personal data breaches: what, when, who, and how?

by Dechert LLP on

What is a ‘personal data breach’? First things first, what exactly is a personal data breach? The GDPR defines it as “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised...more

The Data Report Episode 19: Data Security Regulations in China & Russia

by Bilzin Sumberg on

Module Five: International Law (Part IV) In this episode of The Data Report, Litigation attorney Jay Ward discusses two other big players in the international data security scene, Russia and China. Jay begins by discussing...more

Building a Health App? Part 6: HIPAA and Other Privacy and Security Considerations

Consumers are increasingly turning to health apps for a variety of medical and wellness-related purposes. This has in turn caused greater amounts of data—including highly sensitive information—to flow through these apps....more

Pros and Cons of Hiring a Security Rating Agency

by Patrick Law Group, LLC on

One can hardly check out any news outlet today without reading or hearing about a security breach. Experts frequently advocate performing internal assessments to identify security weaknesses. Commentators tout the...more

FTC Provides Guidance on Reasonable Data Security Practices (Part II of III)

by Patrick Law Group, LLC on

This is the second in a series of three articles on the FTC’s Stick with Security blog... Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive...more

Antitrust Claims Against Telescope Manufacturer Ningbo Sunny Dismissed and Shot into Space

On September 28, 2017, Judge Edward Davila dismissed an antitrust complaint filed by Optronic Technologies, Inc. (dba Orion) against Ningbo Sunny Electronic Co., Ltd., Sunny Optics, Inc. and Meade Instruments Corp. The case...more

FTC Provides Guidance on Reasonable Data Security Practices (Part I of III)

by Patrick Law Group, LLC on

Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive data security practices that put consumers’ personal data at unreasonable risk. Although the...more

Implementing a Policy Review to Ensure You Are Protected Under The Computer Fraud and Abuse Act, Part 2: How to Conduct Your...

by Hinshaw & Culbertson LLP on

In Part 1 of this series, we discussed the Computer Fraud and Abuse Act (“CFAA”) and situations that are readily prohibited by the CFAA, such as when current or former employees gain access to an employer's databases or files...more

The Data Report Episode 17: What the GDPR Means for American Companies

by Bilzin Sumberg on

Module Five: International Law (Part II) In this episode of The Data Report, Litigation attorney Jay Ward expands his discussion on the GDPR, examining what it means for American companies and how thoughtful steps can be...more

Validity of personal data export mechanism thrown into question

by Dechert LLP on

The Irish High Court recently asked the Court of Justice of the European Union (CJEU) to rule on the validity of “standard contractual clauses” as a basis for transferring personal data out of the European Economic Area...more

The Data Report Episode 16: The GDPR

by Bilzin Sumberg on

Module Five: International Law (Part I) In this episode, Litigation attorney Jay Ward introduces module five, a four-part series on international law. Jay explores the European Union's General Data Protection Regulation...more

State Data Breach Notification Laws

by Foley & Lardner LLP on

While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more

Schrems II Judgment Rendered

A 152 page judgment was rendered on October 3, 2017 by the Irish High Court in Schrems II: DPC v Facebook Final. Nor surprisingly, the court decided to refer the case to the Court of Justice of the European Union to make...more

ICO Offers Guidance for Contracts under the GDPR

by Morgan Lewis on

Earlier this month, the United Kingdom’s Information Commissioner’s Office (ICO) released an initial draft guide of contracting requirements and liabilities for data controllers and data processors doing business together...more

The Data Report Episode 15: Setting the Narrative

by Bilzin Sumberg on

Module Four: When It All Goes Wrong (Part IV) In this episode of The Data Report, Litigation attorney Jay Ward highlights the importance of setting a strong narrative in the wake of a data breach. Demonstrating internally...more

OIG Advisory Opinion 17-03 Approves Pharmaceutical Manufacturer's Product Spoilage/Replacement Program

by Baker Ober Health Law on

A pharmaceutical manufacturer proposing to offer customers – at no additional cost – replacements for certain spoiled products that can no longer be administered to patients (Replacement Program) has been granted approval by...more

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