Recent Posts

In class actions under the Telephone Consumer Protection Act (“TCPA”), if defendant offers the named plaintiff complete relief for his TCPA claim, does such an offer moot plaintiff’s case? The Supreme Court announced on May 18, 2015 that it will weigh in on this and other significant questions in the matter of Campbell-Ewald Co. v....

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The Federal Trade Commission and 27 members of the Global Privacy Enforcement Network (GPEN), which comprises privacy enforcement agencies worldwide, are joining forces to continue efforts to better protect children’s privacy online. To aid these efforts, the FTC’s new Office of Technology Research and Investigation (OTRI), will analyze children’s mobile apps and expects to release...

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Yesterday, the Second Circuit found that the NSA’s bulk telephony metadata collection exceeds the statutory authorization of Section 215 of the USA PATRIOT Act (50 U.S.C. § 1861).  The case was on appeal from the Southern District of New York, where the lower court held in 2013 that Section 215 precludes judicial review, that the...

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Even as the use of drones, or unmanned aerial vehicles (UAVs), becomes increasingly widespread, there is currently no comprehensive framework governing 1) the use of drones in U.S. airspace and 2) the use of data captured by these drones. Instead, drone use is currently governed by a patchwork of state statutes and federal administrative guidelines....

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FTC Commissioners Divided over Nomi Deception Case

FTC Commissioners Divided over Nomi Deception Case

May 5, 2015 by Stacey Brandenburg

The FTC agreed to settle charges and enter into a consent order with Nomi Technologies, Inc., a company that offers tracking analytics services to brick and mortar retailers. Nomi’s service installs sensors at retail locations and collects the media access control (“MAC”) addresses from consumers’ mobile devices when they attempt to connect with a WiFi...

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Online reviews of products, services and businesses have become integral in how consumers make e-commerce purchases. Many savvy consumers rely on reviews by other consumers or experts before they make a purchase, plan a trip, choose where to dine, or determine whether to do business with a particular seller in online marketplaces, like eBay and...

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Can states require out-of-state website operators to identify authors of negative reviews? This was the issue addressed by the Supreme Court of Virginia in Yelp, Inc. v. Hadeed Carpet Cleaning, Inc., 2015 WL 1726739 (Va. Apr. 16, 2015). Though the court avoided deciding the issue on free speech grounds, the court did otherwise hold that...

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Thursday, April 30th, 1:00 PM – 2:30 PM EST Presented by Amy Mushahwar Almost every organization faces the threat of a data breach, whether it’s a cyber-attack by a criminal group, hacktivists, or a foreign government. This webinar will cover what lawyers need to know in order to effectively represent clients facing a data breach....

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Tuesday, May 5, 2015 – 12:30 PM – 1:30 PM Presenters: Jeff Landis from ZwillGen & Matthew Milner and Michael Kheyfets from Edgeworth Economics As breaches of proprietary data systems have become more commonplace, so have lawsuits accusing the breached parties of failing to protect their customers. In many cases, the public announcement of a breach...

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On March 27, 2015 Google succeeded in obtaining a temporary restraining order and preliminary injunction against Mississippi Attorney General Jim Hood (“AG”) from Judge Windgate in the U.S. District Court for the Southern District of Mississippi. The order prevents the AG’s enforcement of an administrative subpoena issued to Google and restrains the AG from: (1)...

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