Privacy, Data & Cyber Law

Ransomware Goes Public: Cities Pay Over $1 Million to Get Their Data Back
July 16, 2019 | Marc S. Ullman | Privacy, Data & Cyber Law
In the second and third week of June, the municipalities of Lake City, and Riviera Beach, Fla., agreed to pay a combined total of over $1 million to cyber criminals claiming responsibility for shutting down municipal computer systems necessary to the operation of crucial municipal functions. The Riviera Beach attack was traced to an email …
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US, European Regulators Levy Massive Fines for Privacy Violations
| Avigael C. Fyman | Privacy, Data & Cyber Law
This past week, the Federal Trade Commission (FTC) voted to approve a record-breaking $5 billion settlement with Facebook, resolving its investigation into the charge that the company violated a prior settlement with the Commission when it improperly permitted political data firm Cambridge Analytica to access 87 million users’ personal information. Cambridge Analytica created personality quiz …
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Unwanted Texts Alone Can Justify Standing, 2d Circuit Decides
June 17, 2019 | Shari Claire Lewis | Privacy, Data & Cyber Law
A plethora of federal laws address the proliferation of technology-enabled automated communications in a variety of areas, including finance, commerce, credit, and health. Although the general objective is to address individual privacy and data security concerns, each law contains distinct goals, technical requirements, and remedies if violated. One issue that continues to evolve is whether …
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Does Your Cybersecurity Insurance Policy Cover Spoofing Losses? It Depends
June 12, 2019 | Robert Tugander | Gregory J. Klubok | Privacy, Data & Cyber Law | Insurance Coverage
It goes without saying that cybercrime is a growing concern. In April, the FBI released its annual IC3 (Internet Crime Complaint Center) Report, which showed that the FBI received over 350,000 cyber-crime complaints in 2018, with total losses of over $2.7 billion. One common type of cyber crime is spoofing, which is the cyber version …
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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 | Privacy, Data & Cyber Law | Compliance, Investigations & White Collar
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, 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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