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FTC v Wyndham Cybersecurity

Dorsey & Whitney LLP

Cybersecurity: New Front for Attacks on Franchise Model

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Much has been written on the growing risks of data breaches and other cyberattacks, especially after the massive security breach at Equifax in September 2017. Recent cases holding franchisors liable for franchisees’ data...more

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

Cybersecurity 2017 – The Year in Preview: Changes Afoot in Federal Enforcement?

Editor’s note: This is the sixth and last in our end-of-year series. See our previous posts on trade secrets, state regulation and law enforcement, HIPAA compliance, emerging threats, and energy. See you in 2017! ...more

Troutman Pepper

NIST Cybersecurity Framework

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Businesses today have their work cut out for them. Small or large, no organization is immune from cybersecurity threats. Added pressures arise from stepped up government regulatory oversight and enforcement that targets an...more

Mintz Edge

FinTech Companies Face Big Privacy Challenges in 2016

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According to the FBI, “there are only two types of companies: those that have been hacked and those that will be.” It does not take an actual data breach, however, for a company to be liable for its data security practices. ...more

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

In Cybersecurity, No Harm Does Not Necessarily Mean No Foul

How much does the question of harm matter in cybersecurity law? The answer is: It depends on who is bringing the claim. Businesses confronting data breaches can face litigation from private consumers as well as from...more

Baker Donelson

Lessons Learned from LabMD's Successful Challenge to the FTC's Cyber Authority and Wyndham's Monumental Settlement with the FTC

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On the shifting sands of cyber security regulation, it is important to understand the outcome of two recent enforcement cases brought by the Federal Trade Commission (FTC) – one against clinical lab services company LabMD,...more

Alston & Bird

The Digital Download - Privacy & Data Security Monthly Newsletter - January 2016

Alston & Bird on

Senior Counsel Peter Swire to Debate European Privacy Activist Max Schrems. The debate, set to take place on January 26 in Brussels, will highlight key differences between certain European and U.S. attitudes towards U.S....more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - December 2015

In this edition of our Privacy & Cybersecurity Update, we provide a detailed summary of the sweeping changes to be imposed by the European Union’s new data protection regulation, which will require many companies to begin...more

BakerHostetler

What the FTC’s Settlement With Wyndham Means for Your Company

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The recent settlement entered into between the Federal Trade Commission (FTC) Wyndham Hotels and Resorts and related companies (Wyndham) provides an important roadmap for companies seeking to avoid running afoul of the FTC’s...more

Orrick, Herrington & Sutcliffe LLP

FTC and Wyndham Call a Truce

Following the Third Circuit’s ruling upholding the FTC’s authority to regulate unfair and deceptive cybersecurity practices under Section 5 of the FTC Act, Wyndham Worldwide Corporation and the FTC have agreed to settle. ...more

Patterson Belknap Webb & Tyler LLP

Long and Wyndham Road: The Federal Trade Commission Extends Section 5 Unfairness to Regulate Data Security

In a surprising development, Wyndham Worldwide Corporation settled a long running dispute last week with the Federal Trade Commission that arose from three data breaches Wyndham suffered between 2008-2010. After an...more

Faegre Drinker Biddle & Reath LLP

Wyndham Ruling Reinforces FTC's Role in Cybersecurity Regulation

In Federal Trade Commission v. Wyndham Worldwide Corporation, the United States Court of Appeals for the Third Circuit held that the Federal Trade Commission (FTC) has authority to regulate cybersecurity under 15 U.S.C. §...more

Locke Lord LLP

Which Way is the “Wyndham” Blowing? Cyber Regulation After FTC vs. Wyndham

Locke Lord LLP on

Does the Third Circuit’s recent decision in FTC v. Wyndham Worldwide Corp. usher in a new era of enforcement by the FTC and other federal agencies regarding cybersecurity practices? Regardless of the answer, it is important...more

BakerHostetler

Challenging FTC Regulation of Cyber-security After FTC v. Wyndham

BakerHostetler on

The Third Circuit interlocutory decision in Federal Trade Commission v. Wyndham Worldwide Corporation was widely reported as a big win for the Federal Trade Commission (“FTC”). But on closer examination, it was a split...more

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

The FTC’s Broad Authority and FTC v. Wyndham: Thinking about the Future of Data Privacy Regulations

What makes data privacy law interesting for academics, challenging for lawyers, and frustrating for businesses its shape-shifting structure in the face of rapidly changing technology. The recent change in the invalidation of...more

Bilzin Sumberg

Alphabet Soup and Data Security

Bilzin Sumberg on

In the span of two days, mobile device users learned of two data breaches that could compromise their personal data. In one, Experian (a credit reporting agency) reported that it was hacked, potentially putting 15 million...more

Morgan Lewis

Proactive Approach To Cybersecurity: Recent SEC guidance and enforcement actions suggest that reactive firms may be in the SEC’s...

Morgan Lewis on

In an environment where even the largest and most powerful corporations have fallen victim to data breaches, it can be challenging to fathom how to protect against the sophisticated and ever-evolving threat of cyber attacks....more

Bilzin Sumberg

[Webinar] Information Security: Background & Recent Developments - Oct. 15th, 12:00pm ET

Bilzin Sumberg on

Join us for an in-depth webinar presented by litigation attorneys James Ward and Phil Stein on the trending topic of information security and how to protect your company from a data breach. This webinar will address what you...more

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

What is reasonable? The emerging legalities of cybersecurity post-Wyndham

This month’s edition of the Advanced Cyber Security Center’s newletter includes my discussion of lessons to be learned from the Wyndham decision: Historically, security was an issue reserved in a back room for the IT...more

Pillsbury - Internet & Social Media Law Blog

FTC Fines Can Add Salt to a Cybersecurity Wound

Cyberattacks are on the rise—so much that we seem to hear about a high-profile hack more often than it probably rains in most parts of California. Although reputational damage from a cyberattack can be scarring, a recent U.S....more

Sheppard Mullin Richter & Hampton LLP

FTC v. Wyndham: The Third Circuit Recognizes FTC Authority to Regulate Commercial Cyber Security Practices

In 2014, the United States Court of Appeals for the Third Circuit ruling in FTC v. Wyndham Worldwide Corporation agreed to hear an immediate appeal on two issues: “whether the FTC has authority to regulate cybersecurity under...more

Clark Hill PLC

Another Cybersecurity Wake-Up Call for Business

Clark Hill PLC on

On August 24, 2015, the U.S. Court of Appeals for the Third Circuit released its long-awaited ruling in Federal Trade Commission v. Wyndham Hotels, affirming the FTC's enforcement powers in the cybersecurity sphere. The...more

Fisher Phillips

FTC v. Wyndham Worldwide Group - A Warning From the Third Circuit

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On August 24, in  FTC v. Wyndham Worldwide Corp. et al, the Third Circuit Court of Appeals affirmed that the FTC could enforce its own reasonable interpretation of what cybersecurity standards are necessary to avoid...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

Bradley Arant Boult Cummings LLP

Data Breach Response Planning: Laying the Right Foundation

Part of Bradley Arant’s Privacy and Information Security Team’s seven-part Data Breach Toolkit Webinar Series, the “Data Breach Response Planning: Laying the Right Foundation” webinar, led by Paige Boshell and Amy Leopard,...more

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