On September 18, 2023, a U.S. District Court judge in the Northern District of California granted a preliminary injunction enjoining California’s attorney general from enforcing California’s California Age-Appropriate Design...more
9/26/2023
/ California ,
Communications Decency Act ,
COPPA ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Enforcement Actions ,
Governor Newsom ,
Intellectual Property Protection ,
New Legislation ,
Online Safety for Children ,
Popular ,
Preliminary Injunctions ,
Privacy Laws ,
Proposed Legislation
The proliferation of health apps and connected devices that allow individuals to track their health conditions, treatment, medications, fitness, fertility, sleep, mental health, diet and other vital areas has led to increased...more
3/30/2023
/ Advertising ,
Breach Notification Rule ,
Civil Monetary Penalty ,
Data Collection ,
Department of Health and Human Services (HHS) ,
Enforcement ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Technology ,
HIPAA Privacy Rule ,
Medical Devices ,
OCR ,
PHI ,
Popular
Pursuing negligence claims in the Eighth Circuit following a data breach just got harder. On May 31, 2019, the U.S. Court of Appeals for the Eighth Circuit again dismissed the data breach claims in In re SuperValu, Inc....more
6/6/2019
/ Actual Damages ,
Article III ,
Consumer Information ,
Consumer Protection Laws ,
Cybersecurity ,
Data Breach ,
FTC Act ,
Future Harm ,
Leave to Amend ,
Negligence ,
Popular ,
Standing ,
Unfair or Deceptive Trade Practices ,
Uniform Trade Secrets Acts ,
Unjust Enrichment
The Pennsylvania Supreme Court recently held that employers have “a legal duty to safeguard” the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine...more
12/20/2018
/ Breach of Duty ,
Breach of Implied Contract ,
Class Action ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Storage ,
Duty to Protect ,
Economic Damages ,
Economic Loss Doctrine ,
Employer Liability Issues ,
Hackers ,
Identity Theft ,
Negligence ,
PA Supreme Court ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Reasonable Care ,
Remand ,
Reversal
A federal district court in the Northern District of Illinois dismissed a putative class action alleging violations of the Illinois Biometric Information Privacy Act — known as the BIPA — holding that the allegation of a mere...more
8/17/2018
/ Actual Injuries ,
Article III ,
Biometric Information ,
Collective Bargaining Agreements (CBA) ,
Consent ,
Data Collection ,
Dismissals ,
Fingerprints ,
Labor Disputes ,
Popular ,
Preemption ,
Putative Class Actions ,
Railway Labor Act ,
Standing ,
Subject Matter Jurisdiction ,
Timekeeping
What You Need to Know Now -
• The new law takes effect January 1, 2020, but there’s a lot to do so you need to start work now.
• The new law expands the definition of personal information and gives California consumers...more
7/17/2018
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Rights ,
Data Security ,
Data-Sharing ,
Disclosure Requirements ,
Enforcement ,
Governor Brown ,
Minors ,
New Legislation ,
Notice Requirements ,
Opt-In ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Private Right of Action ,
Right to Delete ,
Statutory Damages ,
Third-Party Service Provider ,
Vendors
The U.S. Court of Appeals for the Eleventh Circuit on June 6 issued its long-awaited decision in LabMD v. Federal Trade Commission, vacating a Federal Trade Commission cease and desist order directing LabMD to overhaul its...more
7/5/2018
/ Appeals ,
Cease and Desist Orders ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement Actions ,
Federal Rules of Civil Procedure ,
Federal Trade Commission (FTC) ,
LabMD ,
Popular ,
Reversal ,
Unfair or Deceptive Trade Practices
The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish standing even without any fraudulent charges...more
6/27/2018
/ Appeals ,
Article III ,
Class Action ,
Cybersecurity ,
Data Breach ,
Debit and Credit Card Transactions ,
Fraudulent Charges ,
Identity Theft ,
Injury-in-Fact ,
Negligence ,
Personally Identifiable Information ,
Pleading Standards ,
Popular ,
Remand ,
Standing ,
Subject Matter Jurisdiction ,
Vacated
Overview (10. – 6.) -
10. The European Union (EU) General Data Protection Regulation (GDPR) went into effect on May 25, 2018. It applies to the processing of “personal data” of EU citizens and residents (a/k/a “data...more
6/20/2018
/ Consent ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Subjects Rights ,
e-Discovery ,
Electronically Stored Information ,
Encryption ,
EU ,
EU Data Protection Laws ,
Exceptions ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Third-Party Service Provider
Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in...more
4/6/2018
/ Bitcoin ,
Blockchain ,
Copyright ,
Cryptocurrency ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
IP License ,
Misappropriation ,
MPEP ,
Music Industry ,
On-Sale Bar ,
Patent Applications ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Privacy Concerns ,
Right of Publicity ,
Trade Names ,
Trade Secrets ,
Trademark Infringement ,
Trademarks ,
Virtual Currency
The Federal Trade Commission on Jan. 8 announced its first settlement of alleged violations of the Children’s Online Privacy Protection Act arising from internet-connected toys. The FTC complaint against VTech followed the...more
1/24/2018
/ Children's Products ,
Children's Toys ,
Connected Items ,
COPPA ,
Data Breach ,
Data Collection ,
Data Security ,
Federal Trade Commission (FTC) ,
Internet of Things ,
Online Safety for Children ,
Personally Identifiable Information ,
Popular ,
Regulatory Violations ,
Settlement
In a case with free speech implications, the U.S. Court of Appeals for the Ninth Circuit on November 8, 2017, affirmed the denial of Glassdoor, Inc.’s motion to quash a grand jury subpoena for the identities of the Glassdoor...more
11/22/2017
/ Appeals ,
Bad Faith ,
Criminal Investigations ,
Federal Contractors ,
First Amendment ,
Free Speech ,
Government Investigations ,
Grand Juries ,
Internet ,
Motion to Compel ,
Motions to Quash ,
Online Platforms ,
Online Reviews ,
Popular ,
Subpoenas ,
User-Generated Content
The Federal Trade Commission on October 23, 2017, provided guidance on how it will enforce the Children’s Online Privacy Protection Act (COPPA) with respect to audio recordings of children. This comes as part of a wave of...more
11/17/2017
/ App Developers ,
Audio Recording ,
Children's Toys ,
COPPA ,
Data Collection ,
Data Protection ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Internet ,
Mobile Apps ,
Parental Consent ,
Popular ,
Risk Management ,
Smart Devices ,
Websites
Data breaches are a reality that all businesses need to take seriously. Knowing your vulnerabilities is only part of the solution. You and your key stakeholders should be prepared with an incident response plan that defines...more
Equifax, one of the three nationwide credit bureaus that track and rate the financial history of consumers, announced in September that it had suffered a data breach exposing personal information of up to 143 million...more
9/25/2017
/ Breach Notification Rule ,
Credit Reporting Agencies ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Emergency Management Plans ,
Equifax ,
Hackers ,
Personally Identifiable Information ,
Popular ,
Risk Management
The U.S. Court of Appeals for the Eighth Circuit has held that allegations that the security provisions of a privacy policy were violated are sufficient for standing in a data breach case, but that plaintiffs’ contractual...more
8/28/2017
/ Article III ,
Bitcoin ,
Breach of Contract ,
Breach of Implied Contract ,
Corporate Counsel ,
Data Breach ,
Gambling ,
Hackers ,
Personally Identifiable Information ,
Popular ,
Privacy Policy ,
Putative Class Actions ,
Scottrade ,
Standing ,
Stock Prices ,
Unjust Enrichment
This week, the U.S. Court of Appeals for the Second Circuit issued an important decision in Whalen v. Michaels Stores, placing the court at the center of the controversy around what allegations are sufficient to establish...more
5/9/2017
/ Article III ,
Corporate Counsel ,
Credit Cards ,
Data Breach ,
Fraudulent Charges ,
Hackers ,
Identity Theft ,
Malware ,
Michaels ,
Personally Identifiable Information ,
Pleading Standards ,
Popular ,
Putative Class Actions ,
Retail Market ,
Standing
Last week, the U.S. Court of Appeals for the Eleventh Circuit held that allegations that personally identifiable information was disclosed without consent in violation of the Video Privacy Protection Act were sufficient to...more
5/3/2017
/ Article III ,
CNN ,
Corporate Counsel ,
Data Collection ,
Digital Media ,
Injury-in-Fact ,
Mobile Apps ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Prior Express Consent ,
Putative Class Actions ,
Spokeo v Robins ,
Standing ,
Subscribers ,
VPPA ,
Web Tracking
A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property -
Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more
2/10/2017
/ Administrative Appointments ,
America Invents Act ,
Appeals ,
Article III ,
Barack Obama ,
Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Data Breach ,
Denial of Certiorari ,
Disparagement ,
DMCA ,
Exclusive Licenses ,
Fashion Design ,
FDCPA ,
File Sharing ,
First Amendment ,
Free Speech ,
Google ,
Injury-in-Fact ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Internet Service Providers (ISPs) ,
IP License ,
Lanham Act ,
Lee v Tam ,
Lenz v Universal Music Corp. ,
Misappropriation ,
Non-Appealable Decisions ,
Non-Practicing Entities ,
Online Videos ,
Oracle ,
Patent Trial and Appeal Board ,
Patents ,
Petition for Writ of Certiorari ,
Popular ,
Privacy Laws ,
SCOTUS ,
Section 337 ,
Software Developers ,
Spokeo v Robins ,
Standing ,
Star Athletica v Varsity Brands ,
Takedown Notices ,
Tariff Act of 1930 ,
Trade Secrets ,
Trademark Registration ,
Trademarks ,
Trans-Pacific Partnership ,
Trump Administration ,
Uniforms ,
USPTO ,
YouTube
Last week, in In re Search Warrants Nos. 16-960-M-01and 16-1061-M to Google, a federal magistrate judge in the Eastern District of Pennsylvania ordered Google to comply with three search warrants to turn over users’...more
Last week, the Sixth Circuit held that allegations that personal information was stolen following a data breach was sufficient to confer Article III standing to sue to the affected individuals, even in the absence of...more
9/20/2016
/ Article III ,
Class Action ,
Corporate Counsel ,
Data Breach ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
Insurance Industry ,
Nationwide Insurance Co. ,
Personally Identifiable Information ,
Popular ,
Standing
The number of data breaches has risen significantly in the past few years. More and more companies, both large and small, are having their computer networks compromised and are looking for guidance on how to respond. This...more
Last week, three commissioners from the Federal Trade Commission (FTC) held in In the Matter of LabMD, Inc. that a company’s failure to implement reasonable security measures to protect sensitive consumer information on its...more
8/3/2016
/ Actual Injuries ,
Administrative Law Judge (ALJ) ,
Data Breach ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
LabMD ,
p2p ,
PHI ,
Popular ,
Section 5 ,
Unfair or Deceptive Trade Practices
This week, the Ninth Circuit clarified the scope of the Computer Fraud and Abuse Act (CFAA) in upholding the defendant’s criminal conviction in United States v. David Nosal....more
The CJEU’s Decision on Safe Harbor and its Effects on US Technology Companies -
On October 6, 2015, the Court of Justice of the European Union (“CJEU”), the European Union’s highest court, issued a groundbreaking...more
10/9/2015
/ Data Protection ,
Data Protection Authority ,
EU ,
EU Data Protection Laws ,
Facebook ,
International Data Transfers ,
National Security Agency (NSA) ,
Personal Data ,
Popular ,
Privacy Policy ,
Safe Harbors ,
Schrems I & Schrems II ,
Surveillance ,
Technology ,
Technology Sector ,
US-EU Safe Harbor Framework