Recent Publications - Privacy, Data & Cyber Law

Protect Your Videoconference from the ‘Zoombombing’ Epidemic
April 1, 2020 | Privacy, Data & Cyber Law
The New York Times reported that New York Attorney General Letitia James sent a letter to Zoom Video Conferencing, Inc. asking it to address recent challenges to its data privacy and security practices. One security problem that the letter discussed was the infiltration of hackers into the Zoom videoconference platform in a practice referred to …
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Legal Protections for Healthcare Workers during the COVID-19 Pandemic
March 31, 2020 | Medical Malpractice Defense | Health Services
At a time when medical professionals are overwhelmed by the COVID-19 crisis, Governor Cuomo issued an executive order expanding resources to healthcare workers. The goal is to meet the treatment demands of coronavirus patients, and most significantly, provide health care providers with protection, in most instances, from lawsuits for medical malpractice and other potential liability. …
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DOJ Takes First Action against COVID-19 Fraud
March 24, 2020 | Privacy, Data & Cyber Law
On March 22, 2020, the U.S. Department of Justice (DOJ) issued a press release announcing its first action against COVID-19 fraudsters: a civil complaint seeking an injunction ordering the website to shut down while an investigation into the site’s operators continues. According to the complaint, filed in the Western District of Texas, “Information published …
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Cybersecurity Concerns While Working Remotely
March 17, 2020 | Privacy, Data & Cyber Law
Cyber criminals around the globe have quickly exploited the corona virus pandemic. Over the past several weeks, there has been a dramatic increase in the incidence of phishing emails asking for donations for fake charities or for individuals to share personal information for epidemiological studies. Reliable sources, such as the World Health Organization, the Center …
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8 Steps to Shoring Up Your Data Privacy Practices
January 28, 2020 | Privacy, Data & Cyber Law
January 28 is National Data Privacy Day, and with it comes a perfect opportunity to evaluate your company’s data privacy practices. American consumers increasingly want the right to control the collection and use of their personal information. Importantly, they also want a means to exercise that right when personal information is wrongfully disclosed. A flurry …
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January 22 Deadline to File Claim in Equifax Settlement
January 16, 2020 | Privacy, Data & Cyber Law
On January 13, 2020, the United States District Court, Northern District of Georgia issued final approval of a settlement of a consumer class action against Equifax for the 2017 data breach that compromised the personal information of 147 million consumers. The settlement includes the establishment of a reimbursement fund of $380.5 million, as well as …
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Court Rejects “Certainty of Hopelessness” Standard for Discharging Student Debt
January 8, 2020 | Bankruptcy | Banking
Hon. Cecelia G. Morris, Chief Judge of United States Bankruptcy Court for the Southern District of New York, put down a momentous decision on January 7, 2020, granting summary judgment in favor of a debtor in an adversary proceeding seeking to have $221,385.49 in student loan debt declared dischargeable in bankruptcy. See, Rosenberg v. N.Y. …
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FTC Acts on Online Privacy, With State Laws Looming
December 17, 2019 | Privacy, Data & Cyber Law
In 2019, businesses learned that they could no longer hide from the inherent tension between commercial use of individual data and individual privacy interests. Over the past month or so, the Federal Trade Commission (FTC) took a number of notable privacy-related actions against a host of companies regarding what it considered to be their problematic …
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Privacy & Cybersecurity Law Report – From the Courts
December 3, 2019 | Privacy, Data & Cyber Law
A number of courts recently have considered issues relating to individuals’ privacy, the First Amendment, and the public’s right to know. Here, Jay D. Kenigsberg reviews and examines several notable decisions involving these subjects. Montana Supreme Court Reverses Order to Release College Student’s Educational Records The Supreme Court of Montana[1] has reversed a trial court’s …
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EU’s Top Court Limits ‘Right To Be Forgotten’
October 15, 2019 | Privacy, Data & Cyber Law
While the U.S. government remains unable to enact comprehensive privacy legislation in response to new technologies and growing privacy concerns, numerous states across the country, including New York, have adopted privacy laws and regulations seeking to address specific issues or that are applicable to specified entities. Some of these new rules affect a broad swath …
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