A common and understandable concern of companies that suffer a data breach is whether the victims can sue the company. It is tempting to assume that the victims won’t sue if they do not suffer identity theft or monetary loss...more
1/18/2017
/ Article III ,
Clapper v. Amnesty International ,
Cybersecurity ,
Data Breach ,
FACTA ,
Injury-in-Fact ,
SCOTUS ,
Split of Authority ,
Spokeo v Robins ,
Standing ,
Statutory Damages ,
Statutory Violations ,
Substantial Risk of Harm
The Federal Trade Commission, continuing its quest to be the enforcer of consumer privacy rights, has come down hard this month on ASUSTeK and LabMD for their failure to have adequate data security standards. Because the FTC...more
EU Member States (the Article 31 Committee) approved today the EU-US Privacy Shield. The next step is formal adoption....more
Good information governance requires not only protecting the security of sensitive and proprietary information; it often requires pursuing legal action against those who threaten the secrecy and value of a company’s trade...more
7/6/2016
/ Asset Seizure ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Ex Parte ,
Immunity ,
Inevitable Disclosure Doctrine ,
Information Governance ,
Misappropriation ,
Preemption ,
Private Right of Action ,
Trade Secrets ,
Uniform Trade Secrets Acts ,
Whistleblower Protection Policies
On June 13, 2016, the United States government asked the Irish High Court to be joined as amicus curiae (friend of the court) in the case brought by the Austrian privacy activist Max Schrems against Facebook attacking the use...more
6/28/2016
/ Article 29 Working Party (WP29) ,
EU ,
EU-US Privacy Shield ,
Facebook ,
International Data Transfers ,
Ireland ,
Model Contracts ,
Privacy Laws ,
Schrems I & Schrems II ,
Surveillance ,
US-EU Safe Harbor Framework
On February 24, 2016, President Obama signed into law the Judicial Redress Act giving citizens of certain “covered countries” access to U.S. courts to protect their privacy and take legal action against U.S. government...more
On the same day that groundhog Punxsutawney Phil predicted an early Spring, the EU College of Commissioners brought some sunshine of its own, announcing yesterday that it has reached an agreement with the U.S. on transfers of...more
The Federal Trade Commission’s PrivacyCon event brings together the FTC, researchers and academics to discuss the latest research and trends related to consumer privacy and data security. Much of the discussion today...more
On Wednesday, the Supreme Court ruled that employers have no obligation to pay their employees for time spent undergoing security screenings when those screenings are not integral to the employees’ job duties. Busk et al. v....more
Cyber-Monday sales weren’t the only good thing that happened for consumers last week. Later in the week a federal judge in Minnesota thwarted Target’s attempt to dismiss a lawsuit brought by banks and credit unions arising...more
In just two years, social media password protection has gone from a privacy advocate’s dream to an employer’s harsh reality in many states. Maryland became the first state (in 2012) to enact legislation that prevented...more
Social media, love it or leave it? Social media has become an indispensable part of business. There is no question that social media is an effective marketing tool. Statistics show that 14% of consumers do not trust...more