• 16 2017 November

    Breaking Down Biometric Data

    As businesses use biometrics – such as fingerprint, iris, and face scans – in financial transactions, for security and authentication, and in connection with social media, they have been compelled to learn about biometric privacy laws,...

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Recent Posts

The FTC announced a settlement with Lenovo over the company’s widely-reported practice of pre-installing its laptops with ad-injecting software designed by the developer Superfish. The settlement highlights several common security pitfalls that companies should watch out for to avoid unwanted regulatory and media attention. In its complaint, the FTC alleges the Superfish software used image-recognition...

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Continuing the enforcement of its endorsement guidelines, the FTC announced its first settlement with individual influencers rather than focusing only on advertisers who work with influencers. In the action, the FTC alleged two YouTube personalities engaged in deceptive practices for failing to disclose material connections—in this case, ownership—with a video game item “lottery” company that...

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A Note on Hourly Fee Billing

Sep 7, 2017 by Marc Zwillinger

One of the aspects of ZwillGen that regularly draws clients to our firm is our alternative billing philosophy. As explained on our billing philosophy page, we believe in billing clients the way they want to be billed – whether on an hourly, flat-fee, monthly retainer, or success fee basis. We know clients have different preferences...

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S3 Buckets: Not so Simple?

Sep 5, 2017 by Jason Wool and Marci Rozen

Uber has agreed to settle a complaint stemming from allegations that the ride-hailing company made deceptive claims concerning its data security practices following a 2014 data breach. The data breach in question affected an Amazon Web Services (AWS) Simple Storage Service (S3) bucket, and the FTC’s complaint is remarkable in that it focuses on several...

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Last year, the Supreme Court vacated the Ninth Circuit’s 2014 ruling that plaintiff Thomas Robins had Article III standing to bring his Fair Credit Reporting Act (“FCRA”) action against background check company Spokeo, Inc. The Supreme Court held that the Ninth Circuit had erred in failing to separately determine whether the plaintiff had adequately alleged...

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Podcast: Data Do, Data Don’t

Aug 16, 2017 by Jake Sommer, Jon Frankel, Alexei Klestoff, Anna Hsia, Ken Dreifach, Mason Weisz, Marci Rozen and Jason Wool

Most websites and apps collect information from its users. But are you doing it in a legally-compliant way? We won’t be taking over any New Year’s countdowns, but listen to our radio-ready voices as we describe some best practices on handling user data. Data Do Take Stock – 3:47 Jake Sommer & Jon Frankel It isn’t...

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