Privacy, Data & Cyber Law

When Is a Social Media Post a ‘True Threat’?
February 21, 2023 | Amanda Griner | Deborah M. Isaacson | Privacy, Data & Cyber Law

After Seventh Circuit Judges Frank Easterbrook, William Bauer, and Richard Posner ruled in National Rifle Association of America v. Chicago, 567 F.3d 856 (7th Cir. 2009), rev’d sub nom. McDonald v. City of Chicago, 561 U.S. 742 (2010), that the Second Amendment did not apply to the states, Harold Turner published a blog post declaring

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Lewis Quoted in “A GOP-Controlled House Could Be Good For Business—Unless You’re Big Tech”
January 17, 2023 | Privacy, Data & Cyber Law

Shari Lewis was quoted in the New York Law Journal article, “A GOP-Controlled House Could Be Good For Business—Unless You’re Big Tech.”

The U.S. Supreme Court is set to consider content contributors posts and if the social media platforms can be held labile based on user content and engagement. The two cases at the center

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The Internet’s Future May Be in the Supreme Court’s Hands
December 19, 2022 | Privacy, Data & Cyber Law

The U.S. Supreme Court has agreed to hear two cases – and is considering accepting more – that may expose social media companies to significant financial liabilities and state regulation in the future. All concern the manner in which public discourse occurs online and whether social media companies should have responsibility or control over the

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Del Pizzo and Isaacson Publish Article in New Jersey Law Journal
November 22, 2022 | Privacy, Data & Cyber Law

On November 18, 2022, the New Jersey Law Journal published Nancy Del Pizzo and Deborah Isaacson’s article, “An Update on Recent and Emerging Privacy Laws: When the Client’s Reach is Nationwide.”

The article explores various laws that are becoming effective in 2023 and the nuances in those laws. For practitioners advising clients who sell goods

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The FTC Is Now the Nation’s Most Formidable Privacy Enforcer
October 17, 2022 | Privacy, Data & Cyber Law

While businesses and consumers await a national privacy law (that may or may not ever be enacted), and while states across the country have passed their own (and at times inconsistent) privacy statutes, one powerful force remains regularly active in this area: the Federal Trade Commission (FTC).

In July, Kristin Cohen, the acting associate director

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Circuits Split Over States’ Right to Regulate Social Media Platforms
August 22, 2022 | Privacy, Data & Cyber Law

More and more officials in states across the country are seeking to assert authority over the ways that social media companies interact with their users, and how they handle posted content. The companies typically have objected to those restraints by asserting, among other things, a First Amendment right to be free of government control. As

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Health Food Retailers Should Update Their Website Terms
July 1, 2022 | Privacy, Data & Cyber Law

Shari Claire Lewis wrote an article for Vitamin Retailer entitled, “Health Food Retailers Should Update Their Website Terms.”

What was once a basic website created to inform prospective customers on products, has now evolved to offer users options such as “curb-side pick up”, or other features which came about as a result of Covid-19. While

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The FTC’s Newest Focus: ‘Preventing Digital Deception’
June 17, 2022 | Privacy, Data & Cyber Law

The explosive growth of internet advertisements has been accompanied by increased risks to consumers, including from the content of online disclosures regarding their purchases, the products and services that are provided and businesses’ collection and use of their private data.

For example, advertisers now deploy a variety of digital advertising tools that help them identify

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Rutkin Writes on Differing Interpretations of Cyberfraud Cases for Best’s Review
June 16, 2022 | Privacy, Data & Cyber Law | Insurance Coverage

Alan Rutkin authored, “US Courts Offer Differing Interpretations of Cyberfraud Cases” for the June 2022 issue of Best’s Review. The article explores the prominent court recently addressed whether commercial crime insurance covers cyberfraud. The decision illustrates courts’ confusion in this area. When it comes to cyberfraud, courts continue to give different answers to the same questions.

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FTC Appears Ready to Begin Enforcing Its Health Breach Notification Rule
April 18, 2022 | Privacy, Data & Cyber Law

More than a decade ago, the Federal Trade Commission (FTC) promulgated a Health Breach Notification Rule (the Rule). The Rule requires certain businesses that access or collect consumers’ identifying health information to notify affected consumers, the FTC and, in some cases, the media, in the event that there is a data security breach leading to

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