Earlier this month, United States District Court Judge Peter Sheridan dismissed a class action brought against Work Out World (“WOW”) under the Telephone Consumer Protection Act (TCPA). In doing so, Judge Sheridan relied on the recent decision by the United States Supreme Court in Spokeo, Inc. v. Robins. The named plaintiff, Norreen Susinno, filed a … Continue Reading
Many companies have experienced the departure of an employee and the elimination of that former employees access to the company’s computers and networks. In the recent case of USA v. Nosal, D.C. No. 3:08-cr-00237-EMC-1 (July 5, 2016), the Ninth Circuit Court of Appeals was presented with the following facts: Nosal, a former employee of Korn/Ferry … Continue Reading
Last month, the European Union and U.S. officials announced final approval of the EU-U.S. Privacy Shield (Privacy Shield), replacing the Safe Harbor which was invalidated by the Court of Justice of the European Union in October 2015. Like it predecessor, the Privacy Shield will allow organizations based in the United States to self-certify compliance with the Privacy … Continue Reading
As everyone is aware, the Pokémon GO craze has taken the world by storm in the past month. Reports estimate there have been over 75 million downloads of the digital game since the program became available on July 6. Apple has not issued any concrete numbers, but has confirmed that it was the most downloaded … Continue Reading
Earlier today the European Union and U.S. officials announced the final approval of the EU-U.S. Privacy Shield data transfer agreement (“the Privacy Shield”). Beginning August 1, 2016, organizations based in the U.S. will be able to self-certify their compliance with the Privacy Shield. The Privacy Shield is meant to replace the EU-U.S. Safe Harbour agreement … Continue Reading
Beginning January 1, 2017, employees in Colorado will now have a right to inspect and copy their personnel files. Prior to this law, Colorado had no law granting private-sector employees access to their personnel records. Under the new law, upon a current employee’s request, an employer must allow that employee to inspect and obtain a copy … Continue Reading
According to reports, the European Union and the United States have agreed on changes to the EU-U.S. Privacy Shield (Privacy Shield) which will be sent to the EU member states and the college of the 28 EU commissioners ultimately paving the way for final approval early next month. “We have agreed on the changes and will … Continue Reading
Yes! It is the law in more places and circumstances than you suspect. Check out our report to learn more, including suggestions for setting up a training program. Late last year, The Wall Street Journal reported on a survey by the Association of Corporate Counsel (“ACC”) that found “employee error” is the most common reason for a … Continue Reading
Recognizing the growing number of connected and interconnected devices, a bipartisan group of Senators recently introduced a bill which would convene a working group of Federal stakeholders to provide recommendations to Congress on how to appropriately plan for and encourage the proliferation of the Internet of Things (IoT). The Developing Innovation and Growing the Internet of … Continue Reading
The U.S. Court Appeals for the Eleventh Circuit has ruled that statutory damages under the Stored Communications Act (SCA) are not available in a case where the plaintiff did not incur any actual damages. The case, Vista Marketing LLC v. Burkett, originated from an extremely contentious divorce proceeding. While the majority of the allegations in that … Continue Reading
Demonstrating a continued focus on information security, the Food and Drug Administration (FDA) published draft guidance on Design Considerations and Pre-market Submission Recommendations for Interoperable Medical Devices. As the title indicates, the draft guidance focuses on issues manufacturers should address in the development and design of medical devices prior to sale to consumers. This draft guidance … Continue Reading
As we previously reported, the EU and U.S. reached agreement last week on the EU-U.S. Privacy Shield to replace the invalidated EU-U.S. Safe Harbor Program for transatlantic data transfers. While the announcement of the Privacy Shield is a relief to the thousands of companies who relied on the Safe Harbor Program, details remain unclear. What … Continue Reading
In honor of Data Privacy Day, we provide the following “Top 10 for 2016.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2016. EU/U.S. Data Transfer (status of Safe Harbor). On October 6, 2015, the Court of Justice of the European Union (CJEU) ruled … Continue Reading
Last week, the U.S. Food and Drug Administration (FDA) issued draft guidance outlining important steps medical device manufacturers should take to address cybersecurity risks to keep patients safe and better protect the public health. The draft guidance, which details the agency’s recommendations for monitoring, identifying, and addressing cybersecurity vulnerabilities in medical devices after they have … Continue Reading
Recognizing cyber security as one of the most important issues facing financial markets today, and identifying cyber-attacks as a top threat, the U.S. Commodity Futures Trading Commission (CFTC) unanimously approved proposed enhanced rules on cybersecurity for derivatives clearing house organizations, trading platforms, and swap data repositories. The proposals, published in separate Federal Register Notices as Part … Continue Reading
You’ve spent extensive time and effort, not to mention money, establishing your company’s reputation only to have the company defamed or disparaged anonymously online. This is a scenario which many organizations face in today’s virtual marketplace. As a recent decision by the Delaware Superior Court illustrates, dealing with these types of issues is often difficult … Continue Reading
Can we prohibit employees from making audio recordings at work? As advancements in technology continue to increase, and it becomes easier and easier for employees to surreptitiously record conversations, this inquiry is posed by many employers. In fact, we discussed this very question back in 2013. Unfortunately, the answer to this question is perhaps the most … Continue Reading
The Internet of Things (IoT), as defined by Wikipedia, is the network of physical objects or “things” embedded with electronics, software, sensors, and network connectivity, which enables these objects to collect and exchange data. The IoT allows objects to be sensed and controlled remotely across existing network infrastructure, creating opportunities for more direct integration between the physical … Continue Reading
Demonstrating its continued commitment to data security enforcement, the Federal Communications Commission (FCC) recently announced Cox Communications Inc., the nation’s third largest cable operator, agreed to pay $595,000 to resolve an investigation into whether the company failed to properly protect its customers’ personal information. The agreement ends the first data security enforcement action brought by the FCC against … Continue Reading
Yesterday, the Federal Communications Commission (FCC) adopted a package of declaratory ruling which is meant to provide clarity to the Telephone Consumer Protection Act (TCPA). This ruling was previously proposed by FCC Chairman Tom Wheeler on May 27, 2015. According to the FCC, the declaratory ruling is meant to protect consumers against unwanted robocalls and … Continue Reading
Last week, Federal Communications Commission (FCC) Chairman Tom Wheeler circulated proposed declaratory rulings to provide clarity for consumers and businesses regarding the Telephone Consumer Protection Act (TCPA). The proposal addresses two dozen petitions that sought clarity on how the FCC enforced the TCPA. In addition to circulating his proposal to the other FCC commissioners for … Continue Reading
Earlier this month, legislators in Montana gave final approval to H.B. 342 which would limit an employer’s ability to access the personal social media accounts of applicants and employees. The bill now goes to Governor Steve Bullock’s (D) office for consideration. If signed, Montana would join become the most recent state to join the list … Continue Reading
Recently, Virginia Gov. Terry McAuliffe (D) signed a bill that limits employer access to the personal social media accounts of employees and job applicants. The law, which takes effect on July 1, 2015 prohibits employers in Virginia from requiring, requesting, or causing a current or prospective employee to disclose the username and password to the individual’s social … Continue Reading
Alabama recently introduced a bill (S.B. 106) which would require notification in the event of a breach affecting the personal information of an Alabama resident. While 47 states currently have laws requiring breach notification — most recently joined by Kentucky — New Mexico, South Dakota, and Alabama are the only states that do not. Notably, the proposed … Continue Reading
