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Privacy & Cybersecurity Update - November 2017

In this month's edition of our Privacy & Cybersecurity Update, we discuss a Washington state court decision allowing a data breach lawsuit to move forward on a negligence claim, a Ninth Circuit ruling regarding releasing...more

Ninth Circuit Affirms Grand Jury Subpoena for Identity of Glassdoor Users

by Reed Smith on

A November 2017 decision by the Ninth Circuit Court of Appeals has weighed in on the expectation of privacy and First Amendment rights afforded to anonymous contributors to online content, finding that a subpoena issued by a...more

Don't Ignore Privacy and Data Security: Pre-Deal and Negotiation Considerations for Buyers in Merger and Acquisition Transactions

Almost all parties are required to exchange personal data as part of a merger and acquisition transaction. With data breaches on the rise, any buyer in a M&A transaction cannot afford to ignore privacy and data security...more

Avoiding Data Breaches: Lessons From Regulations

by Revision Legal on

In January of 2017, an amendment to the Federal Acquisitions Regulation (“FAR”) went into effect related to protecting private personal information and requiring privacy training for all federal government contractors. The...more

Biometric Privacy Targeted In Increased Class Action Litigation in Illinois

by Bryan Cave on

Even as technology advances and consumers become more accustomed to providing their fingerprints in routine, everyday transactions (such as unlocking their cellular phones), private entities, and employers in particular, are...more

Make Your Online Terms of Service "Uber" Enforceable

by Partridge Snow & Hahn LLP on

Are your online Terms of Service enforceable? Businesses should review their account registration process in light of a recent court decision. In Meyer v. Uber Technologies, Inc., the U.S. Court of Appeals for the Second...more

How Employers Can Become Experts at Data Breaches: Talking about security with employees

by Bryan Cave on

A large portion of the data breaches that occur each year involve human resource related issues. This includes situations in which HR data was lost, employees were inadvertently responsible for the loss of information about...more

Want To Pan Your Employer Online? Be Careful!

Your reviews of your employer may not be as anonymous as you think. The U.S. Court of Appeals for the Ninth Circuit has affirmed an order directing Glassdoor, Inc., to disclose information about eight individuals who...more

Healthcare Employers, Beware: HIPAA Whistleblowers Could Be (Legally) Leaking Protected Health Information

by Fisher Phillips on

In this day and age, healthcare employers are quite familiar with the Health Insurance Portability and Accountability Act (HIPAA), which protects the disclosure of patients’ confidential health information. After all, in the...more

Don’t Let Hackers Profit from Your Privacy

These days, data sharing is more than a business—it’s an industry. Every day, data aggregators and brokers comb the internet for personal information. Because they rarely engage directly with us, we are dangerously unaware of...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

Putting a Finger on a Problem? Employees Challenge Biometric Scanners as Violating Privacy

Employers, if you have ever wondered how much security is too much, there may be an answer coming sooner than you think. In a recently filed complaint, Martin Ragsdale, an employee of the Paramount of Oak Park Rehabilitation...more

Cybersecurity Myths Debunked

by Foley & Lardner LLP on

Security incidents, loss of customer data, exposure of confidential corporate assets, demands of ransom, and similar stories are becoming daily headlines with the impacts being felt across a wide variety of industries. We...more

Cybersecurity Awareness: Limiting Your Exposure and Visibility

We spend so much time on our mobile phones and on social media, yet often we don’t think of how these tools are broadcasting our lives as we work and play. With just a few steps, you can limit what you are digitally telling...more

Data Scraping, Bots and First Amendment Rights

by Patrick Law Group, LLC on

A recent case involving a small workforce analytics startup fighting for its right to extract data from the largest professional networking site on the Internet may set a precedent for applying constitutional principles to...more

Spokeo Speedwagon: Employers Forced To Take Privacy Breach Cases On The Run

by Fisher Phillips on

By now, most everyone has heard it from a friend who, heard it from a friend who, heard it from another about the U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. It is the case being cited across the country in...more

Equifax and SEC Breaches Show You Can’t Hide from Hackers

by Wilson Elser on

Cited as one of the largest incidents of its kind in history, the recent Equifax data breach underscores that every business and individual is vulnerable to theft of sensitive information by unscrupulous hackers. In less than...more

House Passes SELF DRIVE Act, With Security And Privacy In Mind

by King & Spalding on

On Wednesday, September 6, the U.S. House of Representatives unanimously passed H.R. 3388, the SELF DRIVE Act (the “Act”). While the Act’s primary purpose is to preempt state laws that regulate automated vehicles, and instead...more

Legal Issues For Creating And Maintaining Your Website

by Fraser Trebilcock on

The reach and impact of the internet is well known and it provides a must-have medium to advertise, promote, and conduct business. Setting up and maintaining your website may seem like a relatively straightforward process,...more

Uber Customer Arbitration Agreement Enforceable Under California Law, Says Second Circuit

by Carlton Fields on

The Second Circuit has found that Spencer Meyer, a customer of Uber, was provided “reasonably conspicuous” notice of Uber’s Terms of Service to which he “unambiguously manifested assent” when he created an Uber account, such...more

Online Vacation Rental Marketplace Sends Claims Packing with Carefully Drafted Terms

In a resounding victory for well-drafted terms and conditions and robust immunity under Section 230 of the Communications Decency Act, 47 U.S.C. § 230 (“CDA Section 230”), a Massachusetts district court granted summary...more

Second Circuit Upholds Uber’s Mobile Contracting Process, Establishing Template for Mobile Online Contracting

In recent years, courts have issued varying rulings as to whether online or mobile users adequately consented to user agreements or terms of service when completing an online purchase or registering for a service. In each...more

Federal Trade Commission’s Uber Consent Agreement Designates Geolocation Information as Personal Information

by Williams Mullen on

The Federal Trade Commission (FTC) recently entered a Consent Agreement with Uber that includes “precise geolocation information” in the list of personal information that is to be protected. While the Consent Agreement only...more

AD-ttorneys@law

by BakerHostetler on

SharkNinja, manufacturer of the Shark Rotator Powered Lift-Away vacuum, made some strong claims regarding the popularity of its product. In television ads and online, the company boasted that “America preferred … Shark” and...more

Industry Watchdog Reminds Digital Advertisers of the Importance of Providing Consumers With Transparency and Choice in Latest...

by BakerHostetler on

Two digital advertising companies, Adbrain and Exponential Interactive, were cited in recent decisions by the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP) for not complying with...more

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Cybersecurity

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