Recent Publications - Privacy, Data & Cyber Law
February 23, 2023 |
Shari Lewis was quoted in the New York Law Journal article, “SCOTUS’s Section 230 Rulings Will Likely Reverberate Beyond BigTech.”
The Supreme Court is scheduled to hear two cases that could potentially change Section 230 of the 1996 Communications Decency Act. This act currently protects social media platforms from being held responsible for content posted by
Read MoreFebruary 21, 2023 |
After Seventh Circuit Judges Frank Easterbrook, William Bauer, and Richard Posner ruled in National Rifle Association of America v. Chicago, 567 F.3d 856 (7th Cir. 2009), rev’d sub nom. McDonald v. City of Chicago, 561 U.S. 742 (2010), that the Second Amendment did not apply to the states, Harold Turner published a blog post declaring
Read MoreJanuary 17, 2023 |
Shari Lewis was quoted in the New York Law Journal article, “A GOP-Controlled House Could Be Good For Business—Unless You’re Big Tech.”
The U.S. Supreme Court is set to consider content contributors posts and if the social media platforms can be held labile based on user content and engagement. The two cases at the center
Read MoreDecember 19, 2022 |
The U.S. Supreme Court has agreed to hear two cases – and is considering accepting more – that may expose social media companies to significant financial liabilities and state regulation in the future. All concern the manner in which public discourse occurs online and whether social media companies should have responsibility or control over the
Read MoreNovember 22, 2022 |
On November 18, 2022, the New Jersey Law Journal published Nancy Del Pizzo and Deborah Isaacson’s article, “An Update on Recent and Emerging Privacy Laws: When the Client’s Reach is Nationwide.”
The article explores various laws that are becoming effective in 2023 and the nuances in those laws. For practitioners advising clients who sell goods
Read MoreOctober 17, 2022 |
While businesses and consumers await a national privacy law (that may or may not ever be enacted), and while states across the country have passed their own (and at times inconsistent) privacy statutes, one powerful force remains regularly active in this area: the Federal Trade Commission (FTC).
In July, Kristin Cohen, the acting associate director
Read MoreAugust 22, 2022 |
More and more officials in states across the country are seeking to assert authority over the ways that social media companies interact with their users, and how they handle posted content. The companies typically have objected to those restraints by asserting, among other things, a First Amendment right to be free of government control. As
Read MoreJuly 1, 2022 |
Shari Claire Lewis wrote an article for Vitamin Retailer entitled, “Health Food Retailers Should Update Their Website Terms.”
What was once a basic website created to inform prospective customers on products, has now evolved to offer users options such as “curb-side pick up”, or other features which came about as a result of Covid-19. While
Read MoreJune 17, 2022 |
The explosive growth of internet advertisements has been accompanied by increased risks to consumers, including from the content of online disclosures regarding their purchases, the products and services that are provided and businesses’ collection and use of their private data.
For example, advertisers now deploy a variety of digital advertising tools that help them identify
Read MoreJune 16, 2022 | |
Alan Rutkin authored, “US Courts Offer Differing Interpretations of Cyberfraud Cases” for the June 2022 issue of Best’s Review. The article explores the prominent court recently addressed whether commercial crime insurance covers cyberfraud. The decision illustrates courts’ confusion in this area. When it comes to cyberfraud, courts continue to give different answers to the same questions.
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