Clik here to view.
The Cybersecurity Information Sharing Act of 2015
Protecting the Public from Cyber Threats or Unwanted Surveillance? On December 18, 2015, President Barack Obama signed the much reported omnibus spending bill, which keeps the government running for...
View ArticleClik here to view.
CISA Gives Leeway in Network Monitoring, But Not Without Risk
As we wrote last week, The Cybersecurity Act of 2015 – better known to some as the Cybersecurity Information Sharing Act of 2015 – was signed into law in December 2015. Privacy advocates had decried...
View ArticleClik here to view.
Privacy vs. Data Security: Why Plaintiffs in Consumer Data Breach Cases Still...
The year 2005 really marked the beginning of the “era of data breaches,” and with it, the “era of data breach lawsuits.” The ChoicePoint data breach in late 2004, which first became newsworthy in early...
View ArticleClik here to view.
Congress Acts to Ban Gag Clauses in Consumer Contracts
There is not a lot that all members of the U.S. Senate can agree on these days, but protecting the ability of consumers to write reviews of businesses is apparently an issue on which there is...
View ArticleClik here to view.
Clearing Up Confusion Over the Modified HIPAA Privacy Rule
The Department of Health and Human Services issued a final rule under the Health Insurance Portability and Accountability Act of 1996, which will go into effect on February 5, 2016. HHS published the...
View ArticleClik here to view.
Bitcoin and the Changing Legal Landscape
If your business is contemplating doing something with digital currencies (meaning virtual currencies, like Bitcoin, Ripple, Ethereum, etc.), you need a plan. First, consider how and where your...
View ArticleClik here to view.
The Case of the Monkey Selfie
Here’s the story: back in 2011, this monkey gets hold of a photographer’s camera (there are multiple versions of how the monkey actually got the camera, so we will just state the fact we do know for...
View ArticleClik here to view.
Responsibility Shifting for Cyber Attacks?
When a company’s protected data is compromised, potential litigants generally look to the company itself as the target for damages claims. The list of recent cases filed against the company suffering...
View ArticleClik here to view.
Apple’s DOJ Battle Sratches the Surface of Encryption Debate
By now you are likely aware of Apple’s ongoing battle with the Justice Department over the scope of the All Writs Act and its resistance of a federal court’s order compelling Apple to create special...
View ArticleClik here to view.
The Internet of Things and the FTC – Don’t Be the Test Case
Kevin Ashton, an expert on digital innovation, stated 15 years ago that, “If we had computers that knew everything there was to know about things—using data they gathered without any help from us—we...
View ArticleClik here to view.
Cyber Insurance: Make Sure You Understand Your Coverage
Today, businesses are increasingly purchasing cyber-specific insurance in an effort to mitigate the financial impact of a breach or other cybercrime. In terms of what might be covered in a cyber...
View ArticleClik here to view.
Erin Andrews Jury Sends Hoteliers a $55 Million Dollar Reality Check
“Privacy law” continues to evolve in the face of ever-advancing technology. Legislative bodies, administrative agencies, courts, tech companies, and a host of other interests are working to innovate,...
View ArticleClik here to view.
Authenticating Purchases with Facial Recognition
Facial recognition technology has rapidly advanced in sophistication and accuracy over the years. Early use of the technology was focused on facial detection in security systems. Since 2014, the...
View ArticleClik here to view.
Rethinking the “Standard” Arbitration Clause in Cloud Agreements
Twenty or so years ago, arbitration began to gain wide acceptance among lawyers as a viable alternative for the effective resolution of civil disputes. Clients were beginning to view “alternative...
View ArticleClik here to view.
Rethinking the “Standard” Arbitration Clause in Cloud Agreements (Part II)
Part I of this article included a little bit of history about how it came to be so common that modern technology agreements – including “cloud agreements” – often include a rather ubiquitous, sort of...
View ArticleClik here to view.
Re-Thinking the “Standard” Arbitration Clause in Cloud Agreements (Part III):...
Part I of this three-part article included some history about how it came to be so common that modern technology agreements – including “cloud agreements” – often include a “standard” arbitration...
View ArticleClik here to view.
Private Bankrolling of Defamation and Privacy Suits
The New York Times recently reported that famed Silicon Valley investor and PayPal co-founder Peter Thiel has been secretly bankrolling “Hulk Hogan’s” (real name Terry Bollea) invasion of privacy suit...
View ArticleClik here to view.
Will Privacy Enforcement Actions Impact “Reasonable” Security Measures Needed...
In widely-publicized, contested privacy cases last year, the FTC advocated in favor of a high baseline for information security measures. Among the security practices attacked by the FTC as critical...
View ArticleClik here to view.
Revisiting Cyber Insurance: Are You Covered?
Increasingly, companies are looking to insurance to help manage their cybersecurity risks and defray losses sustained from data breaches. Losses can range from reputational damage, business...
View ArticleClik here to view.
Outsourcing Lessons from an “Uber” Uber-Rider
In July 2015, my 12-year-old SUV, with 220,000 miles, finally breathed its last breath. It was time for me to buy a new car. But, instead, I decided to try a little personal experiment with the...
View Article