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OTA & Travel Distribution Update - Wyndham Joins the Loyalty Discount Program Bandwagon; Expedia Adds Event Tickets to Offering;...

by Garvey Schubert Barer on

Our weekly OTA & Travel Distribution Update for the week ending February 16, 2018 is below. Loyalty and direct booking make an appearance again in this week’s Update after an extended absence....more

Unfair And Deceptive Trade Practices Claims In Data-Breach Lawsuits

by Ellis & Winters LLP on

Section 5 of the Federal Trade Commission Act provides a powerful tool for the federal government to regulate companies’ data-security practices. Rather than adopt specific data-security standards, the FTC often uses Section...more

OTA & Travel Distribution Update - Nov. 3rd, 2017

by Garvey Schubert Barer on

Our weekly OTA & Travel Distribution Update for the week ending, Friday, November 3, is below. The week’s update features a variety of stories, including a potentially landmark purchase by Airbnb....more

OTA & Travel Distribution Update - Oct. 13th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending Friday, October 13, is below. This week’s Update features stories on short-term rentals (or should I say hotels?), OTAs and loyalty. I hope you enjoy....more

OTA & Travel Distribution Update - Oct. 6th, 2017

by Garvey Schubert Barer on

This week’s short OTA Update for the week ending Friday, October 6 is below. Distribution, loyalty and short-term rentals are featured in this week’s Update...more

OTA & Travel Distribution Update - April 28th, 2017

by Garvey Schubert Barer on

This week’s OTA & Distribution Update for the week ending April 28, 2017 is below. Loyalty program updates feature prominently in this week’s Update as well as story on some important changes at Airbnb to lure corporate...more

Blood in the Water: Courts Evaluate Standing in Three Recent TCCWNA Class Actions

The rising tide of class actions alleging violations of New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA, pronounced “tic-wun-uh”) has been a cause of concern for companies advertising and selling to...more

Yahoo! Data Breach Results in Another Lawsuit Against Corporate Directors and Officers

by Snell & Wilmer on

A number of claims have been made against companies’ directors and officers alleging a breach of fiduciary duty for failing to adequately oversee data security programs. To date, the defendants’ oversight of the programs and...more

Disgruntled Timeshare Owner’s Bid for Class Arbitration Thwarted

by Carlton Fields on

On August 30, the Northern District of California thwarted a disgruntled timeshare owner’s attempt to arbitrate her dispute against a timeshare developer on a classwide basis. A timeshare purchaser alleged that Wyndham, the...more

"Data Privacy Protection and Cybersecurity: A Business and Legal Primer"

The news regularly reports on data breaches and cybersecurity. While we read about the biggest breaches – Home Depot, Target, Anthem, JP Morgan, Wyndham – probably every business has been hacked and will be hacked again. ...more

Hot topics for state attorneys general

by Dentons on

The role of state attorneys general (AGs) as an investigative and enforcement powerhouse for consumer protection and antitrust matters presents challenges and opportunities for corporate entities in all industries. By...more

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

Wyndham Settles with FTC

by Cozen O'Connor on

Last month, Wyndham Worldwide Corp. settled its lengthy civil case with the Federal Trade Commission. The suit began in 2012, when the FTC sued Wyndham and three of its subsidiaries, alleging three data breaches between 2008...more

"Emerging Trends in Privacy and Cybersecurity"

Entering 2016, the relentless stream of cyberattacks continues unabated, having become a "business as usual" reality to which companies must adapt. All companies, regardless of size or industry, are potential targets, and the...more

Advertising Law - January 2016

Ending Challenge to FTC's Data Security Authority, Wyndham Settles - In a significant development, Wyndham Hotels and Resorts reached a deal with the Federal Trade Commission in the high-profile litigation that began...more

Director Cybersecurity Risk Oversight and Actions

by Dorsey & Whitney LLP on

This article begins by providing an overview of the duty of directors to oversee risk, including cybersecurity risk, in the cyberattack context and then outlines actions that board of directors are taking as reported by...more

Wyndham Agrees to Settle FTC Data Security Case

by Kelley Drye & Warren LLP on

After four years of litigation, this past Wednesday, Wyndham Worldwide Corporation and three of its subsidiaries (collectively, “Wyndham”) settled the Federal Trade Commission’s (“FTC”) allegations that the global...more

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

Wyndham and FTC Settle Case Over “Unfair” Data Security Practices

The years-long saga of the Federal Trade Commission’s suit against Wyndham Hotels over data breaches that occurred at least as early as April 2008 is finally coming to an end with a proposed settlement filed today with the...more

FTC and Wyndham Settle Data Security Allegations

by Alston & Bird on

On December 9, 2015, the Federal Trade Commission announced that Wyndham Worldwide Corp., Wyndham Hotel Group LLC, Wyndham Hotels and Resorts, LLC, and Wyndham Hotel Management, Inc. (“Wyndham”) had agreed to settle FTC...more

The FTC’s Proposed Wyndham Settlement and its Implications for the Regulatory Landscape

by King & Spalding on

On December 9, 2015, the Federal Trade Commission (FTC), with the agreement of Wyndham Hotels and Resorts (“Wyndham”), filed a stipulated order for injunction (“Consent Order”) in the U.S. District Court for the District of...more

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

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

by 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

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

Alphabet Soup and Data Security

by 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

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