Mintz - Privacy & Cybersecurity Viewpoints

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Firm Profile: Mintz
One Financial Center
Boston, MA 02111, United States
Phone: (617) 348-1732
Fax: (617) 542-2241
Areas Of Practice
  • Class Action
  • Communications & Media Law
  • International Law & Trade
  • Litigation
  • Privacy
  • Science, Computers, & Tech
Locations
Other U.S. Locations
  • California
  • D.C.
  • Massachusetts
  • New York
Other Countries
  • United Kingdom
Number of Attorneys
400+ Attorneys

Court Holds Crime Policy Covers Business Compromise Email Loss

The “business compromise email” is what the FBI calls the “$5 billion scam,” but apparently an insurance company did not agree with an insured company that they had been the victim of a crime…more

Business E-Mail Compromise (BEC), Computer Fraud Insurance, Corporate Counsel, Crime Insurance Policies, Cyber Crimes

See all updates »

Back to School – Avoiding Theft of Data and Money via the “Business Email Compromise” Scam

The FBI warned this summer that the “Business Email Compromise” (“BEC”) scam continues to grow, evolve, and target businesses of all sizes. As reported by the FBI in June, the scam had hit more than 22,000 victims for a combined…more

Business E-Mail Compromise (BEC), Cyber Crimes, Cybersecurity, Data Breach, Data Protection

See all updates »

Part Five of the COVID-19 Roadmap Series: Ensuring a Safe Workplace - COVID-19 Screening and Testing

In Part Five of our Roadmap Series, we take a closer look at COVID-19 screening and testing, including best practices and legal implications, as potential tools to maintain a safe workplace. Can We Screen Our Employees for…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC)

See all updates »

Texas Has Been Busy Ramping up Privacy Protections with New Comprehensive Data Privacy Law and Stricter Data Breach Notification Requirements

Texas has joined the growing list of states enacting comprehensive consumer data privacy laws. On June 18, 2023, Governor Abbott (R) signed H.B.4, otherwise known as the Texas Data Privacy and Security Act (“TDPSA”). The TDPSA…more

Breach Notification Rule, Cybersecurity, Data Privacy, Data Protection, Families First Coronavirus Response Act (FFCRA)

See all updates »

Narrow Ruling for Privacy at SCOTUS in Carpenter

The Supreme Court ruled, at the end of June, that seizing cell-site location information—data that tracks cell phone users’ movements—constitutes a search under the Fourth Amendment. Speaking for a 5-4 majority in Carpenter v…more

Carpenter v US, Cell Phones, Cell Site Location Information (CSLI), Criminal Convictions, Electronic Records

See all updates »

The New HIPAA Omnibus Rule & Your Liability — A Detailed Review

As we have reported in this blog, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently released final regulations containing modifications to the HIPAA Privacy, Security, Enforcement, and…more

Business Associates, Cloud Computing, Covered Entities, Data Breach, Department of Health and Human Services (HHS)

See all updates »

A New Decade of HIPAA – What Can We Expect?

As the decade winds down, it’s hard to believe that the HIPAA Privacy and Security Rules are almost twenty years old. It has been ten years since the U.S. Department of Health and Human Services (HHS) Office for Civil Rights…more

Business Associates, California Consumer Privacy Act (CCPA), Civil Monetary Penalty, Covered Entities, Data Breach

See all updates »

TCPA & Consumer Calling - Monthly TCPA Digest - May 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory…more

ATDS, Faxes, FCC, Lack of Authority, Opt-Outs

See all updates »

Florida Governor Signs Data Privacy Law Focused on Children, Search Engines and Billion Dollar Businesses

Florida has joined the growing list of states enacting comprehensive privacy laws. Governor Ron DeSantis (R) signed the Florida Digital Bill of Rights (“FDBR”) into law on June 6th. How does it compare?..…more

California Consumer Privacy Act (CCPA), Compliance, Corporate Counsel, Data Privacy, FERPA

See all updates »

Preparation for 2023 Fiscal Year-End SEC Filings and 2024 Annual Shareholder Meetings

A number of significant regulatory, legal, market, and ESG-related developments and issues will affect how public companies approach the upcoming year-end reporting process. As in past years, Mintz has prepared an in-depth…more

10b5-1 Plans, Artificial Intelligence, Chief Information Security Officer (CISO), Clawbacks, Climate Change

See all updates »

American Privacy Rights Act – Another Shot at a Comprehensive Federal Privacy Law

Will the U.S. finally join most developed nations and pass a comprehensive federal privacy law? Some believe this may be the year that the U.S. does just that…more

Artificial Intelligence, Automated Decision Systems (ADS), Consumer Privacy Rights, Enforcement, Federal Trade Commission (FTC)

See all updates »

OCR and FTC Issue Joint Statement Warning Health Care Providers and App Developers About Use of Third Party Online Tracking Technologies

Covered entities, business associates, and any entities that collect health information about consumers online should carefully review the latest joint letter from the Office for Civil Rights (OCR) and the Federal Trade…more

Cybersecurity, Data Collection, Data Privacy, Federal Trade Commission (FTC), FTC Act

See all updates »

Preparation for 2023 Fiscal Year-End SEC Filings and 2024 Annual Shareholder Meetings

A number of significant regulatory, legal, market, and ESG-related developments and issues will affect how public companies approach the upcoming year-end reporting process. As in past years, Mintz has prepared an in-depth…more

10b5-1 Plans, Artificial Intelligence, Chief Information Security Officer (CISO), Clawbacks, Climate Change

See all updates »

Massachusetts Information Security and Privacy Act Sent to “Study”

It does not look as though Massachusetts will be state number 6 to enact a comprehensive data privacy law – or at least not the one that people have been talking about. The Massachusetts Joint Committee on Health Care Financing…more

Personal Information, Privacy Laws, Private Right of Action, Proposed Legislation, State Data Privacy Laws

See all updates »

Zoom to Implement New Security Measures in Deal with NY Attorney General

Amidst multiple investigations into the privacy and security practices at Zoom Video Communications (“Zoom”), New York Attorney General Letitia James recently announced a settlement agreement with Zoom after the failings of the…more

Corporate Counsel, Cybersecurity, Data Privacy, Data Security, Department of Education

See all updates »

OCR and FTC Issue Joint Statement Warning Health Care Providers and App Developers About Use of Third Party Online Tracking Technologies

Covered entities, business associates, and any entities that collect health information about consumers online should carefully review the latest joint letter from the Office for Civil Rights (OCR) and the Federal Trade…more

Cybersecurity, Data Collection, Data Privacy, Federal Trade Commission (FTC), FTC Act

See all updates »

Hearings on the SolarWinds Hack and Possible Policy Responses

The 117th Congress kicked off its First Session with, among other initiatives, oversight hearings on the SolarWinds cyber hack. On February 23, the Senate Intelligence Committee held a hearing on the high profile, far-reaching…more

Cyber Attacks, Cybersecurity, Data Breach, Data Security, Department of Homeland Security (DHS)

See all updates »

Part Five of the COVID-19 Roadmap Series: Ensuring a Safe Workplace - COVID-19 Screening and Testing

In Part Five of our Roadmap Series, we take a closer look at COVID-19 screening and testing, including best practices and legal implications, as potential tools to maintain a safe workplace. Can We Screen Our Employees for…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC)

See all updates »

New EU-US Data Privacy Framework

The European Commission has published its long-awaited draft of the new EU-US Data Privacy Framework, available here. The Data Privacy Framework will replace the Privacy Shield decision that was invalidated in July 2020 by the…more

Biden Administration, Compliance, Data Privacy, EU-US Privacy Shield, European Commission

See all updates »

TCPA & Consumer Calling - Monthly TCPA Digest - May 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory…more

ATDS, Faxes, FCC, Lack of Authority, Opt-Outs

See all updates »

FCC Partners With States to Increase on Privacy and Data Protection Investigations, Signaling Increased Focus on Future Enforcement

The Federal Communications Commission (“FCC”) announced Thursday that in furtherance of the work of the agency’s Privacy and Data Protection Task Force, the FCC’s Enforcement Bureau signed Memoranda of Understanding (“MOU”) with…more

Broadband Internet Access Services (BIAS), Communications Act of 1934, Customer Proprietary Network Information (CPNI), Cybersecurity, Data Breach

See all updates »

SEC Proposes New Cybersecurity Rules for Public Companies

Following closely on its proposal for substantial new cybersecurity requirements for investment advisers and registered investment companies, the Securities and Exchange Commission (SEC) unveiled a new slate of proposed…more

Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Investment Adviser

See all updates »

“Commercial Surveillance” Questions Take Center Stage at the Federal Trade Commission

In the spring of 2018 and in the wake of the Facebook-Cambridge Analytica data scandal, tech CEOs Tim Cook of Apple and Mark Zuckerberg of Meta (fka “Facebook”) initiated a contentious and public debate over the ethics of…more

Advanced Notice of Proposed Rulemaking (ANPRM), Data Collection, Data Privacy, Facebook, Federal Trade Commission (FTC)

See all updates »

New York Attorney General: Data Breaches Will Cost You

As the rate of international cyberattacks increases, it is essential that corporations that collect and store their customers’ personal data keep it safe from breaches. But even large corporations can be slow to act in order to…more

Cyber Attacks, Data Breach, New York, Passwords, Personal Data

See all updates »

Action Items on Technology and Communication Policies in front of the Senate Commerce Committee

With the Senate set to flip to Democratic control in the 117th Congress, albeit by a razor thin margin, the policy priorities for the upper chamber are likely to significantly change. In so doing, the various Senate committees…more

Biden Administration, Communications Decency Act, Cybersecurity, Department of Justice (DOJ), FCC

See all updates »

Supreme Court Declines to Address Circuit Split on Data Breach Standing Issue

A circuit split on whether actual misuse of personal data is required to have standing to assert data breach claims remains unresolved. Last week the Supreme Court rejected a petition to review that issue in CareFirst v. Attias…more

Article III, Cybersecurity, Data Breach, Hackers, Identity Theft

See all updates »

August Cybersecurity Update: Congress Finishes Up NDAA and Continues Work on Cybersecurity Bills

As August recess gets underway for the House and the Senate, ML Strategies has prepared a summary of the status of this summer’s key cybersecurity issues. ML Strategies will continue to track these and other cybersecurity…more

Cybersecurity, Department of Defense (DOD), Department of Energy (DOE), Department of Homeland Security (DHS), Federal Contractors

See all updates »

California Privacy Protection Agency Unanimously Opposes the American Data Privacy and Protection Act

The new California privacy regulatory body, the California Privacy Protection Agency (CPPA), has loudly voiced its opposition to the proposed federal American Data Privacy and Protection Act (ADPPA). The bottom line for the…more

California, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Data Privacy, Data Protection

See all updates »

Preparation for 2023 Fiscal Year-End SEC Filings and 2024 Annual Shareholder Meetings

A number of significant regulatory, legal, market, and ESG-related developments and issues will affect how public companies approach the upcoming year-end reporting process. As in past years, Mintz has prepared an in-depth…more

10b5-1 Plans, Artificial Intelligence, Chief Information Security Officer (CISO), Clawbacks, Climate Change

See all updates »

Preparation for 2023 Fiscal Year-End SEC Filings and 2024 Annual Shareholder Meetings

A number of significant regulatory, legal, market, and ESG-related developments and issues will affect how public companies approach the upcoming year-end reporting process. As in past years, Mintz has prepared an in-depth…more

10b5-1 Plans, Artificial Intelligence, Chief Information Security Officer (CISO), Clawbacks, Climate Change

See all updates »

May Madness: Montana’s New Consumer Data Privacy Law Follows the Leaders ... and we’re not talking about California!

Our May Madness series is getting you caught up on comprehensive privacy legislation passing state legislatures across the nation.  In April, governors signed legislation in Tennessee and Indiana, and this month ahead of their…more

Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Privacy, Data Protection

See all updates »

A New Decade of HIPAA – What Can We Expect?

As the decade winds down, it’s hard to believe that the HIPAA Privacy and Security Rules are almost twenty years old. It has been ten years since the U.S. Department of Health and Human Services (HHS) Office for Civil Rights…more

Business Associates, California Consumer Privacy Act (CCPA), Civil Monetary Penalty, Covered Entities, Data Breach

See all updates »

2023 Round-Up on State Consumer Data Privacy Laws

Looking back sometimes means looking forward. That is absolutely the case for new comprehensive data privacy statutes enacted in a number of U.S. states during 2023, including Indiana, Tennessee, Montana, Florida, Texas and…more

Consumer Privacy Rights, Corporate Counsel, Data Privacy, Enforcement, Opt-Outs

See all updates »

SEC Adopts Final Cybersecurity Rules for Public Companies

In a narrow 3-2 decision on July 26, the SEC adopted its final rule concerning cybersecurity risk management, strategy, governance, and incident disclosure (the “Final Rule”).  Below we highlight some of the principal changes to…more

Compliance, Cybersecurity, Disclosure Requirements, Final Rules, Form 8-K

See all updates »

Microsoft Loses Round in Fight Over Email Held in Irish Data Center

Rarely do Microsoft, AT&T, Verizon, Apple, Cisco and the ACLU all agree on a particular subject; rarer still that such an unlikely coalition fails…more

Data Centers, Electronically Stored Information, Email, Microsoft, Popular

See all updates »

SEC Adopts Amendments Requiring Electronic Filing of Forms 144

On June 2, 2022, the U.S. Securities and Exchange Commission (the “SEC”) announced the adoption of its 2021 proposed amendments regarding the mode of filing certain forms and documents. Historically, SEC rules permitted or…more

EDGAR, Electronic Filing, New Amendments, Securities, Securities and Exchange Commission (SEC)

See all updates »

2023 Round-Up on State Consumer Data Privacy Laws

Looking back sometimes means looking forward. That is absolutely the case for new comprehensive data privacy statutes enacted in a number of U.S. states during 2023, including Indiana, Tennessee, Montana, Florida, Texas and…more

Consumer Privacy Rights, Corporate Counsel, Data Privacy, Enforcement, Opt-Outs

See all updates »

An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Bigger – Yet Again.

The Illinois Biometric Information Privacy Act (BIPA), enacted in 2008, was one of the first state laws to address commercial collection of biometric data. Biometric data includes an iris scan, a fingerprint, a voiceprint, or a…more

Biometric Information, Biometric Information Privacy Act, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Class Action

See all updates »

Will the GDPR Ease Cross-Border Data Transfers for Purposes of E-Discovery?

As the clock ticks down to May 25, 2018, when the European Union’s General Data Protection Regulation (“GDPR”) becomes fully enforceable throughout the EU, the Internet and airwaves have become saturated with guidance for…more

Corporate Counsel, Discovery, e-Discovery Professionals, Electronically Stored Information, EU

See all updates »

FCC Proposes Changes to its Reporting Requirements for Customer Data Breaches

On December 28, 2022, the Federal Communications Commission (“FCC”) adopted a Notice of Proposed Rulemaking (“NPRM”) seeking to modernize and strengthen its rules to better protect consumers from the harm caused by breaches of…more

Customer Proprietary Network Information (CPNI), Cybersecurity, Data Breach, FCC, Internet Service Providers (ISPs)

See all updates »

Illinois Supreme Court’s Latest BIPA Ruling Increases Risk and Uncertainty as to the Scope of Damages Available Under the Statute

Since its adoption in 2008, the Illinois Biometric Information Privacy Act, (“BIPA”), 740 ILCS 14/1, et seq., has imposed severe penalties—$1,000 per negligent violation and $5,000 per intentional or reckless violation—for…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Facial Recognition Technology, Fingerprints

See all updates »

Health Care Data Breaches Are Increasing Both in Number and Cost

It feels like we’ve been seeing a lot more health care breaches caused by hackers and other IT security incidents, and there’s a good reason why: a recent report by cloud security company Bitglass confirms that both the number…more

Cybersecurity, Data Breach, Department of Health and Human Services (HHS), Enforcement Actions, Health Care Providers

See all updates »

Beware Dark Patterns – What are They and What Should Your Business Do About Them?

While the term “dark patterns” is not new, it has recently been getting a more attention, not least because the newly passed California Privacy Rights Act (“CPRA”) will regulate dark patterns. In this article, we will focus on…more

California Privacy Rights Act (CPRA), Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection

See all updates »

American Privacy Rights Act – Another Shot at a Comprehensive Federal Privacy Law

Will the U.S. finally join most developed nations and pass a comprehensive federal privacy law? Some believe this may be the year that the U.S. does just that…more

Artificial Intelligence, Automated Decision Systems (ADS), Consumer Privacy Rights, Enforcement, Federal Trade Commission (FTC)

See all updates »

On the Second Day of Privacy, Plaintiffs’ Counsel Gave to Me . . .

. . . still more privacy litigation. In 2015, we are likely to see further development of the law in data breach class actions, continuing growth in statutory privacy claims, and increased risk of privacy-related claims arising…more

Data Breach, Data Protection, Popular, Right to Privacy, TCPA

See all updates »

Preparation for 2023 Fiscal Year-End SEC Filings and 2024 Annual Shareholder Meetings

A number of significant regulatory, legal, market, and ESG-related developments and issues will affect how public companies approach the upcoming year-end reporting process. As in past years, Mintz has prepared an in-depth…more

10b5-1 Plans, Artificial Intelligence, Chief Information Security Officer (CISO), Clawbacks, Climate Change

See all updates »

Massachusetts High Court Permits Compelled Decryption of Seized Digital Evidence

Today, in Commonwealth v. Gelfgatt, No. SJC-11358 (Mass. June 25, 2014), a divided Massachusetts Supreme Judicial Court held that under certain circumstances, a court may compel a criminal defendant to provide the password to…more

Criminal Prosecution, Electronic Records, Encryption, Evidence, Fifth Amendment

See all updates »

Preparation for 2023 Fiscal Year-End SEC Filings and 2024 Annual Shareholder Meetings

A number of significant regulatory, legal, market, and ESG-related developments and issues will affect how public companies approach the upcoming year-end reporting process. As in past years, Mintz has prepared an in-depth…more

10b5-1 Plans, Artificial Intelligence, Chief Information Security Officer (CISO), Clawbacks, Climate Change

See all updates »

Part Five of the COVID-19 Roadmap Series: Ensuring a Safe Workplace - COVID-19 Screening and Testing

In Part Five of our Roadmap Series, we take a closer look at COVID-19 screening and testing, including best practices and legal implications, as potential tools to maintain a safe workplace. Can We Screen Our Employees for…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC)

See all updates »

Further Updates to the CPPA Proposed Regulations: Risk Assessments and Automated Decisionmaking Technology

After years of internal discussion, the Board of the California Privacy Protection Agency (CPPA), at their March 8th meeting, voted to progress toward formalizing the proposed regulations on risk assessments and automated…more

Artificial Intelligence, Automated Decision Systems (ADS), Bias, California Privacy Protection Agency (CPPA), Corporate Counsel

See all updates »

D.C. Circuit Holds Cyber-Theft of Customers’ Medical Identifying Information Created Sufficient Increased Risk of Harm to Establish Standing

Earlier this month, an appellate panel of the federal DC Circuit unanimously held that individuals affected by a healthcare insurer’s data breach in 2014 could pursue claims against the insurer stemming from the cyberattack. In…more

Appeals, Cyber Crimes, Data Breach, Data Theft, Electronic Medical Records

See all updates »

Illinois Supreme Court’s Latest BIPA Ruling Increases Risk and Uncertainty as to the Scope of Damages Available Under the Statute

Since its adoption in 2008, the Illinois Biometric Information Privacy Act, (“BIPA”), 740 ILCS 14/1, et seq., has imposed severe penalties—$1,000 per negligent violation and $5,000 per intentional or reckless violation—for…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Facial Recognition Technology, Fingerprints

See all updates »

FINRA Again Reminds Firms to Beware of Fraud during COVID-19 Pandemic

As we previously discussed, FINRA issued guidance to member firms and their associated persons in April 2020 to remain “vigilant in their surveillance against cyber threats and take steps to reduce the risk of cyber events.” On…more

Business E-Mail Compromise (BEC), Coronavirus/COVID-19, Cybersecurity, Financial Industry Regulatory Authority (FINRA), Fraud Alerts

See all updates »

TCPA & Consumer Calling - Monthly TCPA Digest - May 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory…more

ATDS, Faxes, FCC, Lack of Authority, Opt-Outs

See all updates »

Seventh Circuit Declines to Review Class Certification Order in Enormous Computer Privacy Class Action

In its recent decision in Harris v. comScore, Inc., the Seventh Circuit declined to review a trial court order certifying a plaintiff class consisting of hundreds of thousands of computer owners who downloaded software that…more

Class Action, Class Certification, Clickwrap Agreements, Computer Fraud and Abuse Act (CFAA), Data Collection

See all updates »

An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Bigger – Yet Again.

The Illinois Biometric Information Privacy Act (BIPA), enacted in 2008, was one of the first state laws to address commercial collection of biometric data. Biometric data includes an iris scan, a fingerprint, a voiceprint, or a…more

Biometric Information, Biometric Information Privacy Act, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Class Action

See all updates »

CCPA Breach Class Action Settlement About to Get “Minted”

Although the California Consumer Protection Act (“CCPA”) went into effect on January 1, 2020 and over 100 class actions referencing the CCPA have been filed to date, very few class actions have actually made their way to court…more

California Consumer Privacy Act (CCPA), Class Action, Class Action Settlement, Corporate Counsel, Cybersecurity

See all updates »

“When You Promise Security, You Need to Deliver Security”

If your company is marketing any smart device, particularly if the device is involved with home security and collects personal information from users, it’s time to pay attention to the story of Tapplock. Tapplock, Inc…more

Cybersecurity, Data Security, Federal Trade Commission (FTC), Internet of Things, Unfair or Deceptive Trade Practices

See all updates »

Facebook to Pay $90 Million to Settle Data Privacy Lawsuit

Facebook’s parent company Meta has agreed to settle one of the longest-running data privacy lawsuits in the country for $90 million. This dispute, originally filed in 2012 in a total of 21 related cases, alleged that Facebook…more

Appeals, Class Action, Data Privacy, Facebook, Federal Trade Commission (FTC)

See all updates »

Part Five of the COVID-19 Roadmap Series: Ensuring a Safe Workplace - COVID-19 Screening and Testing

In Part Five of our Roadmap Series, we take a closer look at COVID-19 screening and testing, including best practices and legal implications, as potential tools to maintain a safe workplace. Can We Screen Our Employees for…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC)

See all updates »

An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Bigger – Yet Again.

The Illinois Biometric Information Privacy Act (BIPA), enacted in 2008, was one of the first state laws to address commercial collection of biometric data. Biometric data includes an iris scan, a fingerprint, a voiceprint, or a…more

Biometric Information, Biometric Information Privacy Act, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Class Action

See all updates »

SEC Cybersecurity Initiative: Five Steps ALL Broker-Dealers and Investment Advisers Should be Taking

Last week, the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) released a Risk Alert announcing its Cybersecurity Initiative…more

Broker-Dealer, Cyber Attacks, Cyber Insurance, Cybersecurity, Cybersecurity Framework

See all updates »

The California Consumer Privacy Act – A Brief Guide for Covered Employers

The California Consumer Privacy Act becomes effective on January 1, 2020 with an amendment that impacts California employers. Covered businesses should, of course, already be in the process of preparing CCPA privacy notices and…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Protection

See all updates »

Tracking Kids Through Your App? Think Again.

Klepto Cats and Dogs have been “stealing” children’s personal information without parental consent and using it for targeted advertising. Bad dog! Well, almost. HyperBeard, Inc., a developer of apps popular with children under…more

Advertising, COPPA, Corporate Counsel, Cybersecurity, Data Collection

See all updates »

Preparation for 2023 Fiscal Year-End SEC Filings and 2024 Annual Shareholder Meetings

A number of significant regulatory, legal, market, and ESG-related developments and issues will affect how public companies approach the upcoming year-end reporting process. As in past years, Mintz has prepared an in-depth…more

10b5-1 Plans, Artificial Intelligence, Chief Information Security Officer (CISO), Clawbacks, Climate Change

See all updates »

Trump Administration Botnet Report Will Impact IoT Device Makers – Things You Should Know

Manufacturers of wireless devices used for Internet of Things (IoT) applications should take heed of new Trump Administration proposals aimed at reducing the cybersecurity threats from botnets and other automated and distributed…more

Automation Systems, Bots, Critical Infrastructure Sectors, Cybersecurity, Data Security

See all updates »

OCR and FTC Issue Joint Statement Warning Health Care Providers and App Developers About Use of Third Party Online Tracking Technologies

Covered entities, business associates, and any entities that collect health information about consumers online should carefully review the latest joint letter from the Office for Civil Rights (OCR) and the Federal Trade…more

Cybersecurity, Data Collection, Data Privacy, Federal Trade Commission (FTC), FTC Act

See all updates »

New Jersey Adopts a Comprehensive Data Privacy Law

2023 was a record-breaking year, with legislators in Delaware, Indiana, Iowa, Montana, Oregon, Tennessee and Texas passing comprehensive data privacy laws, joining California, Colorado, Connecticut, Utah and Virginia. Already…more

Consumer Privacy Rights, Data Privacy, Data Protection, Disclosure Requirements, Exemptions

See all updates »

FINRA Again Reminds Firms to Beware of Fraud during COVID-19 Pandemic

As we previously discussed, FINRA issued guidance to member firms and their associated persons in April 2020 to remain “vigilant in their surveillance against cyber threats and take steps to reduce the risk of cyber events.” On…more

Business E-Mail Compromise (BEC), Coronavirus/COVID-19, Cybersecurity, Financial Industry Regulatory Authority (FINRA), Fraud Alerts

See all updates »

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  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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