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Data Security Enforcement Authority

WilmerHale

Year in Review: The Top 10 US Data Privacy Developments From 2023

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2023 marked a pivotal moment in US data privacy and cybersecurity, characterized by substantial regulatory and legislative advances at the international, federal, and state levels. The Federal Trade Commission (FTC) took a...more

Jones Day

FTC Seeks to Strengthen Privacy Protections of Children Online

Jones Day on

On December 20, 2023, the Federal Trade Commission ("FTC") announced a Notice of Proposed Rulemaking ("NPRM") to revise the Children's Online Privacy Protection Act ("COPPA") Rule to reduce the amount of information...more

Goodwin

CCPA “2.0” Inches Closer To Qualifying For California’s November Ballot

Goodwin on

On May 4, 2020, Californians for Consumer Privacy (CCP), the organization behind the ballot initiative that led to the California Consumer Privacy Act (CCPA), announced that it has begun submitting signatures to qualify the...more

Mintz - Privacy & Cybersecurity Viewpoints

UPDATED: It’s Déjà vu All Over Again: Washington Privacy Act Fails to Pass

As of March 12, 2020, the proposed Washington Privacy Act has foundered on enforcement rocks. The Senate did not agree with the House’s amendment that would have included a broad private right of action. The Senate’s version...more

Akin Gump Strauss Hauer & Feld LLP

Maine Law Will Place Strict Restrictions on Internet Service Providers

Maine’s legislature unanimously passed a new law—“An Act to Protect the Privacy of Online Customer Information” (the “Act”)—that will impose strict data protection restrictions on broadband internet service providers (ISPs)...more

Akin Gump Strauss Hauer & Feld LLP

Latest Congressional Efforts to Enact Privacy Legislation

• On October 17, Senator Ron Wyden (D-OR) introduced legislation to establish baseline privacy and cybersecurity protections and issue fines to companies and criminal penalties to senior executives. • The New Democrat...more

White and Williams LLP

Taking a Look at the New York SHIELD Act

White and Williams LLP on

On July 25, 2019, the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) was signed into law. The SHIELD Act amends New York notification requirements for unauthorized access to private information, including...more

Akin Gump Strauss Hauer & Feld LLP

Podcast: Cybersecurity and the Boardroom

In this episode, the third of three building on Akin Gump’s annual Top 10 Topics for Directors report, partner Michelle Reed discusses the critical question of cybersecurity and the corporate world. Among the topics covered: ...more

Orrick, Herrington & Sutcliffe LLP

Third Circuit Shire Decision May Spell Trouble for FTC Cybersecurity Enforcement Plans

In June 2018, medical laboratory LabMD obtained the first-ever court decision overturning a Federal Trade Commission (FTC) cybersecurity enforcement action. (The team directing that effort – led by Doug Meal and Michelle...more

Brooks Pierce

Not In My House – California To Regulate IoT Device Security

Brooks Pierce on

On Friday, Sept. 28, 2018, California Governor Jerry Brown signed into law first-in-the-nation legislation requiring that manufacturers include “reasonable security features” on any device that is “capable of connecting to...more

Dorsey & Whitney LLP

UK Courts and Regulator Ratcheting Up Privacy and Data Protection Enforcement

Dorsey & Whitney LLP on

Three recent cases demonstrate that data privacy enforcement is on the rise in the United Kingdom. These and similar cases signal a new direction in enforcement action suggesting higher penalties, more frequent prosecutions...more

Patterson Belknap Webb & Tyler LLP

California Court Weighs in on the FTC’s Data Security Enforcement Authority

This week, a District Court in Northern California weighed in on the U.S. Federal Trade Commission’s (FTC) authority to protect consumers from “unfair” and “deceptive” data security practices. The decision, which granted in...more

Patterson Belknap Webb & Tyler LLP

LabMD’s 11th Circuit FTC Appeal: The Opening Shot

Firing the opening salvo in its appeal of one of the most controversial data security decisions by the U.S. Federal Trade Commission in years, LabMD accused the agency of overstepping its authority and “destroy[ing] [the]...more

King & Spalding

FTC Expands Its Role In Cybersecurity Enforcement By Reviving LabMD Action

King & Spalding on

On Friday, July 29, 2016, the Federal Trade Commission (“FTC” or the “Commission”) overturned the decision of one of its administrative law judges (“ALJ”) from November 2015 in a suit against LabMD, Inc., now finding LabMD...more

Patterson Belknap Webb & Tyler LLP

FTC Appeals ALJ Ruling Dismissing Its Claims Against LabMD

The legal wrangling between the Federal Trade Commission and LabMD, Inc. over data security continues. On December 22, 2015, the FTC filed its appeal brief challenging Chief Administrative Law Judge (“ALJ”) D. Michael...more

Foley Hoag LLP - Security, Privacy and the...

Wyndham and FTC Settle Data Breach Lawsuit: Implications

On December 9, 2015, Wyndham and the FTC settled the enforcement action brought by the FTC that had led to a significant decision by the Third Circuit in August of this year. While the details of the settlement are...more

Manatt, Phelps & Phillips, LLP

Advertising Law - September 2015

Third Circuit Affirms FTC's Power to Regulate Data Security Practices - Affirming the power of the Federal Trade Commission to regulate corporate cybersecurity, the Third Circuit Court of Appeals held that the agency...more

Nossaman LLP

It’s Official: FTC Has the Authority to Police Cybersecurity

Nossaman LLP on

In a resounding win for the Federal Trade Commission (“FTC”), the Third Circuit unanimously affirmed the FTC’s power to regulate cybersecurity under the unfairness prong of the FTC Act (15 U.S.C. §45). FTC v. Wyndham, Case,...more

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