Recent Posts

The Federal Trade Commission (FTC) has published a Notice of Proposed Rulemaking seeking industry feedback on a number of proposed changes to the Gramm-Leach-Bliley Act (“GLBA”) Safeguards Rule, many of which are drawn from the New York Department of Financial Services’ robust cybersecurity regulations. If implemented as proposed, the information security requirements applicable to financial institutions that...

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Our New York office has relocated. To get in touch with our New York team, please find their updated contact details below. Mailing Address:183 Madison Avenue, Suite 1504 New York, NY 10016 Phone: 646 362 5590 Email: staff@zwillgen.com...

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Our 2019 Kiawah Island Retreat

Apr 11, 2019 by ZwillGen

We traveled back to Kiawah Island for a weekend of warm weather, reflection, and fun. Our retreat featured plenty of brainstorming, the Z-Mazing Race, kayaking, painting, and unexpected (but much enjoyed!) karaoke. You can see photos from our retreat here....

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The SEC has issued a “Framework for ‘Investment Contract’ Analysis of Digital Assets” (the ‘Framework’) that provides the Division of Corporation Finance’s guidance on how to evaluate whether digital assets are “investment contracts,” which are a type of security. The SEC simultaneously issued a No Action Letter to TurnKey Jet, Inc. in which, applying the principles of...

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New EU Cookie Consent Recommendation from Advocate General

Apr 5, 2019 by Michelle Anderson, Devron Brown and Mason Weisz

On March 21, 2019, Advocate General Maciej Szpunar (“Advocate General” or “AG”) of the Court of Justice of the European Union (“CJEU”) issued an opinion in which he recommended that the Court rule that pre-checked boxes do not constitute consent and that consent is required to use cookies for certain purposes, even if the information they store...

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Utah has become the first state to legislatively dictate that law enforcement must obtain a warrant based on probable cause before forcing internet service providers to turn over users’ content, location information, and other records stored by them. The law, passed unanimously by the Utah Legislature and signed by Governor Gary Herbert last week, adds to an...

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In announcing the largest fine ever issued by the FTC for COPPA violations, the FTC also signaled a potential shift in the breadth of COPPA applicability—shedding light on factors that might make an app with a large user base appeal to children and for the first time enforcing the position that if “your service targets...

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The European Commission has recalled a German-made smartwatch for children due to privacy concerns. The recall from the European market was made through the Safety Gate Rapid Alert System (“RAPEX”), which was created to facilitate the exchange of information between European countries and the European Commission concerning dangerous non-food products posing a risk to the...

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Keeping a Finger on BIPA

Feb 5, 2019 by Kandi Parsons and Armin Tadayon

On January 25, 2019, the Illinois Supreme Court unanimously ruled that infringement of a right afforded under the state’s Biometric Information Privacy Act (“BIPA”), even absent harm, is sufficient for a plaintiff to allege a violation of the law. The Court found the legislature provided for liability under BIPA for a statutory violation and that...

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2018 State Privacy & Security Laws – A Year in Review

Jan 24, 2019 by Michelle Anderson and Amanda Irwin

Overview of 2018 2018 was a watershed year for state privacy and security laws, with several states passing legislation in these areas. The most significant development was the enactment of the California Consumer Privacy Act (“CCPA”), the most expansive general privacy law in the United States to date. However, the year brought other notable legislation...

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