Recent Posts

Ninth Circuit Rules that Scraping a Public Website is Likely Not a CFAA Violation

Sep 11, 2019 by Marc Zwillinger, Stacey Brandenburg and Zach Lerner

In the highly-anticipated decision in the hiQ Labs v. LinkedIn case, the Ninth Circuit upheld the preliminary injunction against LinkedIn, prohibiting it from barring hiQ’s scraping of public profiles from its site. In so doing, the court held that the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”) is likely not violated by the...

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Following an extensive investigation, the Federal Trade Commission (“FTC”) announced a settlement with Google and its subsidiary YouTube for the largest-ever civil penalty for violations under the Children’s Online Privacy Protection Act (“COPPA”) – $136 million to the FTC and $34 million to the State of New York.  In its 2013 COPPA rulemaking, the Commission indicated that...

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We are proud to be recognized as a leading law firm in Privacy and Data Security by Chambers and Partners for the ninth consecutive year. Founder and Managing Partner Marc J. Zwillinger has also been ranked in Band 1 as a top lawyer in the Privacy and Data Security space. Chambers bases these rankings on...

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FTC Says Unroll.me Deceived Consumers on Access and Use of Information

Aug 14, 2019 by Stacey Brandenburg and Marielena Reyes

The Federal Trade Commission announced a settlement and consent decree with email receipt management company Unroll.me, a subsidiary of Slice Technologies, Inc. Unroll.me offered a service that helped users unsubscribe from unwanted subscription emails and consolidate certain other types of emails into a single daily email.  The FTC’s allegations included claims that Unroll.me shared detailed personal data...

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The Carrot and The Stick: Trends and Considerations in the Equifax/FTC Settlement

Aug 2, 2019 by Jon Frankel, Kandi Parsons and Ariel Oxman

Following a breach affecting 145 million consumers, the Federal Trade Commission has announced a settlement with Equifax for up to $700 million, the largest ever for a data breach. In the same action, Equifax also settled with the Consumer Financial Protection Bureau (CFPB), and 50 U.S. states and territories to resolve allegations related to the massive 2017 breach. This...

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ZwillGen, a leading boutique law firm specializing in the intersection of law and technology, is seeking candidates for its 2020 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 great place...

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New York has updated its breach notification and data security law, expanding the definition of a data breach and imposing detailed reasonable security requirements, among other changes. The amendment also adds a number of new data elements to the definition of “private information.” On July 25, 2019, Governor Cuomo signed S5575B, with the breach notification amendments...

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ZwillGen’s FTC Team on the Meaning of the FTC Facebook Settlement

Jul 25, 2019 by Marc Zwillinger, Stacey Brandenburg and Kandi Parsons

Following a yearlong investigation triggered in part by the Cambridge Analytica incident, the Federal Trade Commission (FTC) has announced a much anticipated settlement with Facebook, Inc. The Commission determined that the company violated its existing 2012 FTC Order by “deceiving users about their ability to control the privacy of their personal information.” The settlement imposes a record-breaking $5...

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The California Consumer Privacy Act (“CCPA”) goes into effect on January 1, 2020, but the contours of the law are still being ironed out. Following a marathon debate at a California Senate Judiciary Committee Hearing, the scope of these potential legislative changes is coming into focus. While certain bills amending the CCPA advanced without modification,...

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Hawai’i Governor David Ige (D) has vetoed HB702 HD1 SD2, which would have restricted the sale of certain location information. The governor explained that the “lack of clarity in this bill as currently drafted will lead to ambiguity, confusion, and unintended consequences should it become law.” He’s right. The legislation read as follows: “No person shall sell or offer...

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