Browsing the "Data Security" Category →

Companies are scrambling to digest Version 1.0 of the “Framework for Improving Critical Infrastructure Cybersecurity,” released by the National Institute of Standards and Technology (“NIST”) on February 12. The Framework was released one year to...

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It is not only the Federal Trade Commission, State Attorneys General and Congress that are focused on data and cybersecurity these days. The Financial Industry Regulatory Authority (“FINRA”), an independent private organization that regulates member brokerage...

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In a decision with potential implications for privacy and data security cases as well as those arising out of the FTC’s Bureau of Competition, the Commission last week dismissed all but one of the antitrust...

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Data breaches are continuing to make headlines. Nearly every state has a data breach notification statute, and many of these statutes require companies to notify affected individuals without unreasonable delay. Previously, little guidance existed on...

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In a case that fundamentally challenges the Federal Trade Commission’s ability to regulate data security, the Commission has denied a motion to dismiss its own complaint against a cancer-detection laboratory LabMD for alleged data security...

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Clients often ask whether we think a particular piece of privacy, data security, consumer protection or similar legislation will be passed by Congress. And, more often than not, the answer is no. I’d like to...

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It is common for practitioners seeking insight into the Federal Trade Commission’s priorities to read the remarks of FTC Commissioners like tea leaves, or to follow their statements like an installment of Downton Abbey or...

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Today the European Commission issued a broad-ranging warning to the U.S., calling on the country to “restore trust in EU-U.S. data flows.”  The Commission’s report explains that the EU is free to revoke its participation...

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On August 28, the Federal Trade Commission (“FTC”) filed an administrative complaint against medical testing company LabMD, Inc., alleging that the company’s information security practices constituted unfair acts or practices in violation of Section 5(a)...

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In a September 3 ruling, the Fifth Circuit overruled a district court and held that  New Jersey’s version of the “economic loss doctrine” permits a card issuer to sue a payment processor for negligence when...

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