Privacy, Data & Cyber Law


Supreme Court’s Google Ruling Has Big Implications for Suits Against Tech Companies
April 16, 2019 | Shari Claire Lewis | 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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FTC Issues Privacy and Data Security Update
March 28, 2019 | Marc S. Ullman | 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 | Shari Claire Lewis | Avigael C. Fyman | 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
| Avigael C. Fyman | Shari Claire Lewis | 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 | Shari Claire Lewis | 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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Proceed with Caution on Autonomous Vehicles
January 22, 2019 | Michelle A. Bholan | Employment & Labor | Commercial Litigation | Privacy, Data & Cyber Law
Waymo – the self-driving technology subsidiary of Google parent Alphabet Inc., – launched a self-driving taxi service in Phoenix at the end of 2018. As companies continue to speed into the autonomous vehicles space, the birth of this industry is raising unprecedented issues. Policy-makers, insurers, automobile manufacturers, employers, and others are encouraged to begin considering …
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Government Shutdown Creates New Cybersecurity Risks
January 16, 2019 | Avigael C. Fyman | 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
| Shari Claire Lewis | 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 | Shari Claire Lewis | 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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Del Pizzo Writes in ‘The Computer & Internet Lawyer’
December 17, 2018 | Nancy A. Del Pizzo | Privacy, Data & Cyber Law
Nancy Del Pizzo published an article in The Computer & Internet Lawyer entitled “Are Your Clients’ Web Sites Accessible?” It discusses how businesses’ online presence may leave company owners open to litigation due to a lack of accessibility by the disabled. It relates how the Americans with Disabilities Act prohibits discrimination at “places of public accommodation,” and …
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