Recent Publications - Privacy, Data & Cyber Law


Supreme Court’s Google Ruling Has Big Implications for Suits Against Tech Companies
April 16, 2019 | Privacy, Data & Cyber Law
Several weeks ago, in Frank v. Gaos, No. 17-961 (U.S. March 20, 2019), the U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the Ninth Circuit that upheld a settlement of class action claims against Google for alleged violations of the Stored Communications Act (SCA). The Supreme Court initially had agreed …
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Registration Now Required Prior to Initiating Copyright Infringement Suit
April 9, 2019 | Intellectual Property
Courts at the opposite sides of the country (and some in between) have long differed on how easy it is for a party to file a lawsuit alleging copyright infringement. A March 4, 2019, decision by the United States Supreme Court has standardized the process throughout the nation. In Fourth Estate Public Benefit Corp. v. …
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Ullman’s Article on CBD in Supplements Appears in USLAW Magazine
March 28, 2019 | Compliance, Investigations & White Collar
Marc Ullman wrote “Regulations Remain Hazy around CBD Use in Supplements” for the Spring/Summer 2019 issue of USLAW Magazine. The article reveals the regulatory confusion shrouding products made from Cannabis Sativa plants and their byproducts, with a special focus on cannabidiol as a supplement ingredient. To read the article, click here.   …
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FTC Issues Privacy and Data Security Update
March 28, 2019 | Compliance, Investigations & White Collar | Privacy, Data & Cyber Law
On March 15, 2019, the Federal Trade Commission (FTC) issued its 2018 Privacy and Data Security Update, which reported on the agency’s enforcement activities for that calendar year. As the United States’ primary consumer protection agency, the FTC has authority to enforce a variety laws directly related to privacy and data security, including the Truth in …
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FTC Imposes Largest Civil Penalty for Violation of Children’s Online Privacy
March 12, 2019 | Privacy, Data & Cyber Law
On February 29, 2019, the Federal Trade Commission announced that the video social networking app Musical.ly, now known as TikTok, agreed to pay $5.7 million to settle a claim that the company illegally collected personal information from children, the largest such civil penalty to date. The Children’s Online Privacy Protection Act (COPPA) requires websites and …
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Why Out-of-State Businesses Should Take Note of California’s Privacy Law
March 12, 2019 | Privacy, Data & Cyber Law
The California Consumer Privacy Act (CCPA), which passed in 2018 and goes into effect January 1, 2020, is intended to provide some of the most rigorous privacy protections to California residents but is not limited in application to California companies. What entities fall under the CCPA? The CCPA applies to ”businesses” that are for-profit entities …
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How New York Authorities Are Regulating the Internet
February 15, 2019 | Privacy, Data & Cyber Law
The image of the Internet as an unregulated Wild West, untouched by government action, is one that some find attractive. But it is not accurate, as illustrated by a number of important actions taken in recent weeks by the New York State Attorney General’s office, including one it took in conjunction with representatives of dozens …
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Government Shutdown Creates New Cybersecurity Risks
January 16, 2019 | Privacy, Data & Cyber Law
The partial government shutdown, now the longest in U.S. history stretching into its fourth week, presents new risks to cybersecurity, both short term and long term. These effects will be felt not only within government operations, but also in the private sector, which relies upon and works with the government to protect against cyber threats. …
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Data Security and Privacy in the New Year
January 16, 2019 | Privacy, Data & Cyber Law
January is the traditional time to take stock of the year that passed and plan for the year ahead. The same is true of data security and privacy practices. In 2018, cyber regulation dominated the news. The trend is likely to continue in 2019 as existing and new cyber regulations will impact an ever-expanding array …
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New Guidance Helps Determine GDPR’s Application to New York Businesses
December 18, 2018 | Privacy, Data & Cyber Law
The European Union’s General Data Protection Regulation (the GDPR) took effect just about a half-year ago, but many small and mid-sized companies in New York, and elsewhere across the country, still may not understand whether the GDPR applies to them and, therefore, whether they must comply with its requirements. Fortunately, it now may be somewhat …
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