Recent Posts

An Illinois federal judge granted summary judgment to Google in a case alleging that its use of facial recognition software in Google Photos violated Illinois’ Biometric Information Privacy Act (“BIPA”), citing Plaintiffs’ failure to establish a concrete injury sufficient to confer Article III standing.  Background Google Photos is a cloud-based service which detects images of...

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The South Carolina Insurance Data Security Act (the “Act”) took effect on January 1, 2019.  The bill, which largely resembles the New York Department of Financial Services cybersecurity regulations, is based on the National Association of Insurance Commissioners (“NAIC”) Insurance Data Security Model Law and is intended to establish minimum data security, breach notification, and...

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2018 was a big year for information security and data privacy. The European General Data Protection Regulation (“GDPR”) became effective and helped bring greater awareness to the handling of personal data while several U.S. states passed or amended their privacy laws. Below we have compiled a list of the most significant privacy and security developments...

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Avoiding Liability for Customers’ Canadian Spam Law Violations

Nov 15, 2018 by Michelle Anderson and Mason Weisz

The Canadian Radio-television and Telecommunications Commission (“CRTC”) has issued guidelines for avoiding liability under Canada’s Anti-Spam Legislation (“CASL”) for assisting third parties in their violations. These guidelines and a recent CRTC enforcement action are a reminder to vendors providing marketing and advertising services that they can be held responsible for both their—and their customers’—CASL violations....

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The Securities and Exchange Commission (“SEC”) recently announced a $388,000 settlement with the founder of EtherDelta, a digital “token” trading platform, for operating an unregistered cryptocurrency exchange. This is the first enforcement action of its kind. EtherDelta is an online platform for secondary market trading of Ether and ERC20 tokens, a type of digital asset...

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A recent class action lawsuit out of Arizona provides another example why companies are right to be wary about voluntarily providing information to law enforcement, even when there is no clear statutory bar on doing so. In Jane V. v. Motel 6, plaintiffs alleged that Motel 6’s policy and practice of disclosing registration information about...

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President Trump signed into law the FAA Reauthorization Act of 2018 (“FAA Act”) in which Section 375 authorizes the Federal Trade Commission (“FTC”) to apply Section 5 of the FTC Act to privacy policy violations by persons that use Unmanned Aerial Systems (“UAS”) “for compensation or hire, or in the furtherance of a business enterprise.”...

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The Indiana Supreme Court ruled that fantasy sports operators can use athletes’ names, pictures, and statistics without the athletes’ consent, providing a major win for the fantasy sports industry. The Court concluded that “Indiana’s right of publicity statute contains an exception for material with newsworthy value that includes online fantasy sports operators’ use of college...

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Looking For Job Opportunities or Have One to Share?

Oct 25, 2018 by Andrew Hutchinson and Alli Goings

Did you know that ZwillGen maintains a private and confidential list of jobs shared with us by clients or other friends of the firm? Sometimes these open positions are public, and other times we get a “sneak peek” to share with our clients and alumni, many of whom are ultra-talented in the areas of privacy,...

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A New Jersey federal court has dismissed a proposed class action lawsuit against multiple “smart TV” manufacturers alleging that their televisions improperly collect information on what customers are watching on their screens. The court held that the collection activities described in the complaint did not violate the Video Privacy Protection Act (“VPPA”) because data points...

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