A flood of class action lawsuits have been filed against companies alleging violations of New Jersey’s Daniel’s Law. The statute – enacted after the son of a New Jersey federal judge was fatally shot by a disgruntled lawyer –...more
In the post-Roe era, the federal government and state governments continue to focus on consumer digital health privacy. On May 17, 2023, the Federal Trade Commission (FTC) announced a settlement with Easy Healthcare...more
In a recent opinion, the California Supreme Court ruled in favor of California-based tech giant Yahoo in a multiyear legal battle with the National Union Fire Insurance Company of Pittsburgh, Pennsylvania. The insurer had...more
On May 11, 2017, less than four months after his inauguration, President Trump signed a long-anticipated Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure (hereinafter, the...more
The Federal Trade Commission ("FTC") has released a 16-page guide on steps that businesses should take once a data breach has occurred. The FTC's guidance addresses three primary areas: securing operations, fixing...more
The recent massive distributed denial of service (DDoS) attack that caused major internet outages was led by an army of security cameras, digital video recorders, and other Internet of Things ("IoT") devices that had been...more
On July 29, 2016, the Federal Trade Commission (FTC or Commission) announced its long-awaited decision in its LabMD enforcement action. The Commissioners reversed the decision of an Administrative Law Judge (ALJ) and held...more
8/5/2016
/ Administrative Law Judge (ALJ) ,
Covered Entities ,
Data Breach ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
LabMD ,
Likelihood of Harm ,
Popular ,
Section 5 ,
Unfair or Deceptive Trade Practices
On June 22, the Federal Trade Commission ("FTC") announced that it would settle its first-ever enforcement action against a mobile advertising company, InMobi. InMobi agreed, subject to court approval of the settlement, to...more
On April 26, 2016, Verizon published its ninth annual Data Breach Investigations Report ("DBIR"), which looks at breach trends, common vulnerabilities, and categories of security incidents that affected organizations in 82...more
On February 25, 2016, the Office of the California Attorney General released its 2016 California Data Breach Report, which contains a compilation and analysis of the information provided to the Attorney General pursuant to...more
The Obama administration has introduced its Cybersecurity National Action Plan (the "CNAP") in connection with its 2017 budget proposal. The CNAP aims to protect Americans, government agencies, and companies against the...more
Federal Trade Commission ("FTC") charges against the cancer-screening laboratory LabMD, stemming from two data breaches involving sensitive personal information of thousands of consumers were dismissed in a decision made...more
On October 27, the Cybersecurity Information Sharing Act (CISA) finally passed the Senate by a hefty margin of 74–21 (read the text of the bill as passed). Despite an escalation of opposition and rhetoric over the past couple...more
Following a September 23, 2015 opinion by Advocate General (AG) Bot that the US-EU Safe Harbor framework, which provided for the "safe" transfer of personal data from the EU to the US, did not provide sufficient guarantees...more
10/26/2015
/ Advocate General ,
Binding Corporate Rules ,
Data Protection Authority ,
EU ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
International Data Transfers ,
Judicial Redress Act ,
Model Contracts ,
Pending Legislation ,
US-EU Safe Harbor Framework
On September 1, 2015, the Digital Advertising Alliance ("DAA") began enforcing the application of its Self-Regulatory Principles for Online Behavioral Advertising and Multi-Site Data (the "OBA Principles", the "MSD...more
9/15/2015
/ Advertising ,
Behavioral Advertising ,
Covered Entities ,
Data Privacy ,
Data Protection ,
Data-Sharing ,
Digital Advertising Alliance ,
Direct Marketing Association ,
Geolocation ,
Mobile Apps ,
Online Advertisements ,
Popular ,
Prior Express Consent ,
Self-Regulatory Organizations ,
Transparency
The Federal Trade Commission (FTC) has brought over 50 cases against companies that put consumer data at unreasonable risk. On June 30, 2015, the FTC released a guide titled Start with Security that summarizes 10 lessons the...more
On February 27, 2015, President Obama released a draft of a proposed Consumer Privacy Bill of Rights Act (Proposal). The Proposal aims to protect the privacy of individual consumers on the Internet by (a) establishing...more
On January 27, 2015, the Federal Trade Commission (FTC) released a staff report titled Internet of Things—Privacy and Security in a Connected World. The report summarizes the topics discussed and input provided by...more
Over the past two weeks, President Obama has made clear that cybersecurity continues to be a concern, and he and the administration are increasing their focus on the issue. ...more
After years of pundits saying "oh, major cyber legislation will pass this year," it may finally be happening. Last week Congress hammered out details on four different cyber bills that are intended to help the country move...more
As you have probably seen, it was announced on Tuesday, August 5th, that usernames and passwords from 1.2 billion Internet accounts from over 420,000 websites were stolen by a criminal organization in Russia. According to...more