Complex Torts & Product Liability

Online and Social Media Defamation in Today’s Age
February 21, 2017 | Complex Torts & Product Liability | Professional Liability | Privacy, Data & Cyber Law

Twitter, Facebook, Instagram, and other forms of social media are becoming the dominant communication tools in today’s political and social discourse, often entirely supplanting traditional media’s role in public commentary. Social media’s emerging role, combined with the extreme divisions so evident in our country, have caused the courts to consider application of pre-Internet legal standards

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New Nanotechology Rule and Handling Toxic Torts
January 31, 2017 | Complex Torts & Product Liability

After a wait of more than 10 years, on January 12, 2017, the EPA issued its final rule relating to reporting requirements under TSCA for nanoscale chemicals, being the agency’s first time in requiring such reporting.

We will not attempt to set out the particulars of the reporting requirements (e.g., what substances are reportable under the rule

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Self-Proclaimed Publisher of Fake News Sites Loses Circuit Appeal
December 21, 2016 | Complex Torts & Product Liability | Professional Liability | Privacy, Data & Cyber Law

Fake news has been in the news a great deal recently, with some wondering how to address it. The recent decision by the U.S. Court of Appeals for the Second Circuit in Federal Trade Commission v. LeadClick Media , 838 F.3d 158 (2d Cir. 2016), may provide a way, at least in some instances. In

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Sixth Circuit’s Decision on Privacy Claims Over Data Breaches
October 18, 2016 | Intellectual Property | Complex Torts & Product Liability | Professional Liability

Data breaches such as the one Yahoo recently revealed (500 million accounts!) get the big headlines. In response, large companies double down on their efforts to protect the security of their data.

But small to midsize businesses often fail to appreciate the risk of a data breach to their own business. They may believe that

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Speaking With: Len Rivkin
August 22, 2016 | Complex Torts & Product Liability | Commercial Litigation

Leonard L. Rivkin, the founding partner of Rivkin Radler, has decades of experience as national trial counsel in high profile, landmark, and precedent-setting cases.

Len served as lead counsel on the Agent Orange class action suit and was national coordinating counsel for a major asbestos manufacturer in claims against the United States and the company’s

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FTC Issues Privacy Tool, Guidance for Health-Related Mobile Apps
June 21, 2016 | Intellectual Property | Complex Torts & Product Liability | Professional Liability

Only days after the Federal Communications Commission (FCC) adopted a notice of proposed rulemaking to establish privacy guidelines applicable to Internet service providers (ISPs),1 the Federal Trade Commission (FTC) took two actions on the privacy front that will affect a smaller, but fast growing, industry: developers of mobile health applications. Given the pervasive use of

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FCC Proposed Rules That Impact Everyone’s Online Privacy
April 19, 2016 | Intellectual Property | Complex Torts & Product Liability | Professional Liability

“Broadband Internet access service” (BIAS) is the essential conduit for the conduct of our daily personal and private lives, without which all Internet activity comes to a stop. Indeed, the Federal Communications Commission recently referred to BIAS as “the most significant communications technology of today.”1 Nevertheless, because BIAS is the road on which Internet traffic

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New York Labor Law Bulletin
March 4, 2016 | General Liability | Complex Torts & Product Liability

First Department Holds that Worker Is Entitled to Partial Summary Judgment under Labor Law § 240(1) For Injuries Sustained in Fall from Prime Mover

In Somereve v. Plaza Constr. Corp., 2016 N.Y. App. Div. LEXIS 1231 (1st Dep’t 2016), plaintiff was injured when operating a prime mover to hoist a load of bricks onto a

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The EU-U.S. Data Protection Dispute and Possible Resolution
February 18, 2016 | Professional Liability | Intellectual Property | Complex Torts & Product Liability

Early in February, the European Commission and the U.S. government agreed on a new framework for transatlantic data flows, which they are referring to as the “EU-U.S. Privacy Shield.” Lawyers advising clients with an online presence (i.e., almost all lawyers and almost all clients) typically have had little reason to be concerned about the agreement,

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Standing to Assert Claims for Online Privacy Breaches
December 15, 2015 | Intellectual Property | Complex Torts & Product Liability | Professional Liability

Many believe that we are on the precipice of a deluge of litigation—both individual and multiparty/class action—concerning how an individual’s data is handled and the remedy, if any, if that data is misused or wrongfully disclosed. A case recently argued before the U.S. Supreme Court involves the intersection of the Internet and privacy laws and

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