Recent Publications - Privacy, Data & Cyber Law


Health Food Retailers Should Update Their Website Terms
July 1, 2022 | Privacy, Data & Cyber Law

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

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The FTC’s Newest Focus: ‘Preventing Digital Deception’
June 17, 2022 | Privacy, Data & Cyber Law

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

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Rutkin Writes on Differing Interpretations of Cyberfraud Cases for Best’s Review
June 16, 2022 | Privacy, Data & Cyber Law | Insurance Coverage

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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US Courts Offer Differing Interpretations of Cyberfraud Cases
June 1, 2022 | Privacy, Data & Cyber Law

A 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.

As I’ve previously written, the questions are easily remembered with the acronym “ACAI.”

Act: Is the “act” covered?

Causation: Were the act and

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FTC Appears Ready to Begin Enforcing Its Health Breach Notification Rule
April 18, 2022 | Privacy, Data & Cyber Law

More than a decade ago, the Federal Trade Commission (FTC) promulgated a Health Breach Notification Rule (the Rule). The Rule requires certain businesses that access or collect consumers’ identifying health information to notify affected consumers, the FTC and, in some cases, the media, in the event that there is a data security breach leading to

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Is It Time to Update Your Website Terms?
April 7, 2022 | Privacy, Data & Cyber Law

Today, virtually every business is an e-business. Whether a business’ website looks much like it did when it was launched 10 years ago or has recently been updated to an e-platform offering the latest interactive tools, websites are often the first and best method of educating consumers about the business and its products and services.

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When Opportunity Knocks: Paid Market Research Survey Offers and the TCPA
February 14, 2022 | Privacy, Data & Cyber Law

The Telephone Consumer Protection Act of 1991 (TCPA), as amended by the Junk Fax Prevention Act of 2005 (JFPA), prohibits the use of “any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement.” 47 U.S.C. § 227(b)(1)(C). The TCPA defines “unsolicited advertisement” as “any material advertising the

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Zurich ‘War Exclusion’ Lawsuit Remains in Limbo as Judge Rules in Similar Case
January 28, 2022 | Insurance Coverage | Medical Malpractice Defense

A possible precedent-setting $100 million lawsuit over Zurich American’s use of the rarely applied war exclusion to deny coverage remains in legal limbo, court documents show — even as a judge ruled in early January against an insurer in a similar case.

Attorneys for Mondelez and Zurich American, which was sued over its denying the

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NY AG: All Businesses Should Take ‘Credential Stuffing’ Attacks Seriously
January 10, 2022 | Privacy, Data & Cyber Law

Credential stuffing has quickly become one of the top attack vectors online, according to the Office of New York State Attorney General Letitia James (OAG). On January 6, 2022, the OAG announced the result of a sweeping investigation that discovered that 1.1 million online accounts had been compromised through credential stuffing accounts at 17 well-known

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Subpoenas to ISPs Can Override Anonymous Defendants’ Privacy Interests
December 21, 2021 | Privacy, Data & Cyber Law

Federal law generally prohibits internet service providers (ISPs), i.e., “cable operators,” from disclosing personally identifiable information concerning a subscriber without the prior written or electronic consent of the subscriber. Moreover, under the law, ISPs must “take such actions as are necessary” to prevent unauthorized access to a subscriber’s personally identifiable information by a person other

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