Recent Publications - Complex Torts & Product Liability


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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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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ABA Formal Opinion Discusses Ethical Implications of Data Breaches
October 30, 2018 | Professional Liability
On October 17, 2018, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion No. 483 addressing lawyers’ and law firms’ professional responsibilities during and after a cyber event. A link to the Opinion can be found here. Although advisory in nature and not binding in a court of law, lawyers would do …
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Cybersquatting: Even Today, an Important Concern for Online Businesses
October 16, 2018 | Privacy, Data & Cyber Law
It has been nearly 20 years since the federal Anticybersquatting Consumer Protection Act (the ACPA) was enacted in 1999 to battle what an alarmed Congress understood to be a rising wave of “cybersquatting.” As the Senate Judiciary Committee explained, the ACPA was designed to “protect consumers and American businesses, to promote the growth of online …
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11 Tips for Responding to the Facebook Hack
October 3, 2018 | Privacy, Data & Cyber Law
On September 28, 2018, Facebook disclosed that it was hacked, exposing the accounts of 50 million users. Despite the staggering amount of information affected by this breach, many individuals have been dismissive of the risk. They wrongly assume that because their use of social media is limited to posts of family events and vacations, cute …
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New National Cyber Strategy Links Cyber Security to American Economic Growth
September 24, 2018 | Privacy, Data & Cyber Law
On September 21, 2018, the White House issued a new guiding directive on cybersecurity entitled: “National Cyber Strategy of the United States of America.” It is touted as the nation’s “first fully articulated cyber strategy in 15 years.” True to its title, the National Cyber Strategy substantially addresses the geopolitical status of the United States …
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Financial Firms Face Sept. 4 Cybersecurity Deadline
August 22, 2018 | Privacy, Data & Cyber Law
New York-based financial services firms are running headlong into a deadline impacting their cybersecurity procedures. Failure to comply with the third phase of New York’s Cybersecurity Regulation by the September 4 deadline means these companies could face stiff penalties or the revocation of their licenses to operate in New York. New York’s Cybersecurity Regulation, the …
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Strober Published in FC&S Legal
July 5, 2018 | General Liability
Eric Strober’s article, “Insurers and Defendants Take Note: There Has Been a Monumental Change to Negligence Litigation in New York” was published in the Eye of the Experts column in FC&S Legal. Click here to read the full article. …
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‘Made in the USA’ Claims: Handle With Care
May 15, 2018 | Compliance Investigations & White Collar
Marc Ullman published an article in Natural Products Insider entitled, “‘Made in the USA’ Claims: Handle With Care.” The article focuses on how the Federal Trade Commission has increased its enforcement of its “Made in the USA” standards, which states “all or virtually all” of a product must be made/produced in the United States. Click …
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