Recent Posts

ZwillGen is proud to announce Lisa Page joined the firm as Counsel in May. A seasoned lawyer, Lisa brings more than a decade of law enforcement experience at the Department of Justice and FBI on the types of national security and investigative issues that ZwillGen handles for its clients every day. Lisa’s significant government experience continues...

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NIST Cybersecurity Bill Enacted for Small Businesses

Sep 5, 2018 by Armin Tadayon and Allison Bender

On August 14, 2018, the NIST Small Business Cybersecurity Act was enacted. In some ways, the Act appears to be a continuation of policies to enhance private sector cybersecurity through the use of voluntary resources, such as the NIST Cybersecurity Framework developed under Executive Order 13636. However, it takes a new step forward in directing...

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Ohio has become the first state to enact legislation providing liability protection for businesses that implement a written cybersecurity program that “reasonably conforms” to certain cybersecurity frameworks or laws to protect personal information. This approach is in stark contrast to that taken by California in its recently-passed Consumer Privacy Act, which established a private right...

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ZwillGen, a leading boutique law firm specializing in the intersection of law and technology, is seeking candidates for its 2019 Fellowship Program. The program presents a unique opportunity to work with and learn from some of the most experienced privacy and data security lawyers representing the biggest names in technology, and it’s a lot of...

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We welcome longtime friend of the firm and former Oath/Yahoo attorney, Chris Madsen, to ZwillGen as Counsel and Managing Director for ZG Subpoena Solutions (ZGSS). Chris joins us after more than a decade working on law enforcement and security matters in government and in-house at Oath/Yahoo, most recently as Vice President & Chief Counsel for...

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NaviStone and Clients Secure Win For Omnichannel Marketing

Jul 17, 2018 by Ken Dreifach and Michelle Anderson

A federal court has dismissed a proposed class action lawsuit against an omnichannel marketing company (NaviStone) and three online retailers, holding that the companies’ alleged use of omnichannel marketing technologies did not result in a cognizable injury under New York’s deceptive acts and practices laws and did not violate the federal Wiretap Act or the...

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The FTC has announced a proposed Privacy Shield-related settlement, alleging that a company falsely stated that it was in the process of being certified under the EU-U.S. Privacy Shield framework because it “did not complete the steps necessary to participate in the … framework.” In its complaint, the FTC claimed that the company’s website discussed...

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Don’t Wait – Check Your User Flow Now

Jul 3, 2018 by Zach Lerner and Anna Hsia

You’ve taken time to craft a strong set of online Terms to protect your online service, but is it enforceable? This question has been at the core of a number of recent cases where plaintiffs have challenged the arbitration clause in online contracts. In Cullinane, et al v. Uber Technologies, Inc., No. 16-2023, 2018 WL...

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California Passes Watershed Data Privacy Bill

Jun 29, 2018 by Michelle Anderson and Marci Rozen

California has enacted the California Consumer Privacy Act of 2018 (AB 375) (the “Act”), which grants California residents a number of rights that, in some ways, reflect those provided under the EU General Data Protection Regulation (“GDPR”). The Act goes into effect on January 1, 2020, giving businesses 18 months to update their privacy notices...

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Third Circuit Inflicts Blow to TCPA Lawsuits

Jun 29, 2018 by Michelle Anderson, Anna Hsia, Nick Jackson and Jeff Landis

Following the D.C. Circuit’s narrowing of the FCC’s broad definition of an autodialer in its 2015 Omnibus TCPA Declaratory Ruling and Order (“Omnibus Order”), the Third Circuit has ruled that a dialing system must have actual and present capacity to generate random or sequential numbers in order to be considered an autodialer under the TCPA....

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