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California Employment News: Understanding the FTC Non-Compete Ban Key Insights for Employers (Podcast)
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Editor’s Note: The FTC continues to crack down on privacy and cybersecurity, including issuing a new warning to tax preparation companies and entering into a consent decree with 1Health.io. VPPA and BIPA litigation continues...more
With recent events underscoring the Federal Trade Commission’s (FTC) heightened scrutiny of and enforcement efforts against health app companies collecting or using consumer health information, it's imperative for these same...more
On October 31, 2022, the Federal Trade Commission (FTC) announced a complaint and proposed consent order against Chegg, an edtech company, over its security practices that resulted in four security breaches in three years....more
FTC Activities in 2021 and Likely Trends for 2022 2021 saw the kickoff of the Khan era at the Federal Trade Commission (FTC). During FTC Chair Lina Khan's first nine months on the job, she has announced privacy and security...more
MoviePass, a movie subscription service, has agreed to a proposed settlement with the FTC over alleged deception and lack of security allegations. The now-defunct company not only allegedly marketed its service as a “one...more
"HIPAA Compliance" seals are not a reliable indicator that a company's website employs reasonable measure to secure personal medical information. That is one lesson from a recently finalized settlement between the Federal...more
July 2019 brought an escalation in the enforcement of privacy infringements by companies around the world. The trend began with a press release published on July 8, 2019, of a fine in the approximate amount of GBP 183 million...more
Recent developments show that momentum is building for the United States to enact a national privacy law that would govern how businesses handle consumers’ personal information. High-profile data breaches, recent...more
In this month's edition of our Privacy & Cybersecurity Update, we discuss Poland's potential exemptions from the new EU data law and the Office of the Comptroller of the Currency's recommendations for U.S. banks faced with...more
Introduction - Throughout 2017, the health care and life science industries experienced a widespread proliferation of digital health innovation that presents challenges to traditional notions of health care delivery and...more
Whether it means taking a prominent role shaping data security for the Internet of Things, or addressing high profile breaches, the FTC has adopted an active position in policing data privacy and security. And, as data...more
New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more
In this edition of our Privacy & Cybersecurity Update, we discuss how the prospect of a new chair and three new commissioners at the FTC may impact the agency's approach to cybersecurity regulation, a new Massachusetts...more
On October 6, Federal Communications Commission (FCC) Chairman Tom Wheeler released a factsheet outlining proposed rules aimed at protecting broadband consumers’ privacy. The proposed rules would apply to internet service...more
NAD Vacuums Up Preference Claims - In a challenge brought by a competing vacuum manufacturer, the National Advertising Division recommended that SharkNinja discontinue a claim that "Americans now choose Shark 2-to-1 over...more
Uber Drives Settlement With NY AG Over Data Breach, Privacy Violations - In a pair of settlements, ride-sharing company Uber agreed to pay a $20,000 fine for failing to report a data breach in a timely manner as...more
Personal data is a valuable corporate asset. At times, the personal information collected from customers (such as email address, mailing address, phone number, etc.) can be a company’s most valuable asset. Unfortunately,...more
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
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
In a strongly worded opinion, the Third Circuit Court of Appeals on Monday slammed Wyndham Worldwide Corporation’s arguments that the FTC did not have jurisdiction to enforce the security practices of businesses following a...more
In a highly anticipated and precedential opinion issued earlier this week, the Third Circuit Court of Appeals upheld the FTC’s authority to regulate corporate cybersecurity. The decision in Federal Trade Commission v Wyndham...more
In a highly-anticipated decision, the U.S. Court of Appeals for the Third Circuit has ruled in FTC v. Wyndham Worldwide Corporation that the Federal Trade Commission (“FTC”) is authorized to pursue lawsuits against those who...more
Lawyers often say “bad facts make bad law”. Combine that with weak legal arguments and, well, things can get really bad, really fast. That’s precisely what happened to Wyndham yesterday when the Third Circuit affirmed a...more
The U.S. Court of Appeals for the Third Circuit announced that the Federal Trade Commission (FTC) has the authority to scrutinize a business’s data security protocol -- and to file a complaint if the FTC finds that protocol...more
It’s Privacy Tuesday again – and summer is winding down. Here are three bytes of privacy/security information to start your week...more