Recent Posts

At Last, My Alabama Breach Notice Has Come Along

Mar 29, 2018 by Jason Wool and Michelle Anderson

Alabama became the 50th and final state to enact data breach notification legislation when Governor Kay Ivey signed into law the Alabama Data Breach Notification Act of 2018. Alabama’s law comes on the heels of South Dakota’s enactment of its first breach notification law on March 21st. The two states had been the remaining holdouts...

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The CLOUD Act has been enacted, effectively mooting the closely watched United States v. Microsoft case and marking a watershed moment in federal and international surveillance law. The Act codifies mechanisms for both US and foreign governments to enforce surveillance orders on data located outside of their territorial boundaries, with major consequences for providers of...

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Our 2018 Asheville Retreat

Mar 22, 2018 by Tia Sherwood

Our offices gathered in Asheville, NC for a weekend of reflection, forward planning, and fun! Our stay on the Biltmore estate included brainstorming activities, horseback riding, an unexpected marathon, and, of course, amazing company. You can see photos from our retreat here.  ...

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The D.C. Circuit issued its much-anticipated ruling paring back the FCC’s 2015 Omnibus TCPA Declaratory Ruling and Order (“Omnibus Order”). The opinion: (1) invalidated the FCC’s interpretation of “autodialer” under the TCPA; (2) determined that the FCC’s one-call safe harbor for reassigned numbers was arbitrary and capricious; (3) upheld the FCC’s determination that a consumer...

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A federal court in California recently denied Facebook’s motion to dismiss an Illinois Biometric Information Privacy Act (“BIPA”) action on Spokeo grounds. The court held that a procedural violation of BIPA’s notice and consent requirements could manifest concrete injury because Illinois enacted the law to protect citizens’ privacy and the plaintiffs alleged they were not...

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Lessons From The FTC-PayPal Settlement

Mar 8, 2018 by Zach Lerner

The Federal Trade Commission (“FTC”) settled with PayPal over allegations that Venmo, a peer-to-peer payment service that PayPal owns, offered deceptive privacy choices, misrepresented the availability of user funds, and failed to abide by its security promises. The proposed settlement and corresponding complaint offer useful lessons for companies within and outside of the financial sector....

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The Ninth Circuit, sitting en banc, held that the FTC has jurisdiction over the non-common carriage activities (here, the provision of wireless data services) of communications common carriers, reversing its previous panel decision in FTC v. AT&T Mobility. The decision vindicates the expansive jurisdictional position long taken by the FTC, and confirms that companies regulated...

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We’ve appointed two new Shareholders, two new Practice Chairs, and we’ve added a new attorney in Boston! Melissa Maalouf and Kandi Parsons have been voted in as Shareholders in the Washington, D.C. office. Also in the D.C. office, Jeff Landis has been tapped as the Chair of the litigation team and Mason Weisz is officially leading...

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Risky Business: Five Considerations for Security in Vendor Contracting

Feb 26, 2018 by Marci Rozen, Allison Bender and Jason Wool

Selecting appropriate contract clauses is a key strategy for managing security risks with vendors. Security provisions in vendor contracts should be tailored to the risks posed by the specific engagement, the supply chain for the required products or services, and each vendor’s security program. Below are five topics to consider when drafting these agreements. Hover...

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Join Us for Cocktails!

Feb 14, 2018 by Tia Sherwood

Let’s catch up! If you’ll be in town for IAPP, join us on Monday, March 26th from 6:00 PM – 9:00 PM for drinks and appetizers at Baby Wale. The bar is a two minute walk from the convention center, so please stop by and say hello! When you walk in, just look for the...

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