Browsing the "Data Security" Category →

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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Like most states, Missouri has in place a data breach notification law that requires any entity that experiences a data breach involving covered personal information to “provide notice to the affected consumer that there has...

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The European Commission has established new rules and regulations that require Internet Service Providers and telecommunications providers to notify authorities of a security breach within 24 hours. If the reporting entity is unable to provide...

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DAY 1, WEDNESDAY AFTERNOON (5/22) Cybersecurity Policy Update.  The Wednesday afternoon session at the Georgetown Cybersecurity Law Institute began with a policy update led by Stewart Baker.  He led off with the statement that the biggest...

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Today, the Georgetown Law School launched the first day of its two-day inaugural Cybersecurity Law Institute.  I am involved in the sessions today and will be speaking tomorrow on a panel at 10:50A.M. addressing various...

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