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DLA Piper: FCC Approves Order On 21 Pending Petitions Seeking Clarification Of The TCPA: Key Points

By Lesli C. Esposito and John D. Huh In a vote of three to two, with voting falling along political party lines, the Federal Communications Commission approved an order addressing 21 pending petitions seeking clarifications of various aspects of the Telephone Consumer Protection Act (TCPA or Do-Not...

Williams Mullen: Cybersecurity Standards Apply To Thee, Not Me

By J.P. McGuire Boyd, Jr. & Robert C. Van Arnam “If there is anyone to blame, it is the perpetrators,” said Katherine Archuleta, Director of the federal Office of Personnel Management (“OPM”), to a Senate panel investigating the causes of the recent OPM cyberattack. During...

Got a Data Breach? Call a Cyber Lawyer First!

By Richard J. Bortnick of Traub Lieberman Straus & Shrewsberry LLP Data breaches don’t care about how mighty your organization is. Whether your company is Fortune 500®, middle-market or even a mom and pop, you’re at risk of a breach. It doesn’t matter whether the intrusion...

Ballard Spahr LLP: FFIEC Tool Helps You Assess Cyber Risk

The Federal Financial Institutions Examination Council (FFIEC) has released its long-awaited Cybersecurity Assessment Tool (Assessment) to help financial institutions identify the inherent risks faced by a company and determine the level of maturity of a company’s cybersecurity preparedness. The...

DLA Piper LLP: Russia’s Data Localization Requirement Will Take Effect Sept. 1

By Michael Malloy and Pavel Arievich Russia’s much publicized changes to its data protection rules come into force as of September 1, 2015. These changes are broadly, and vaguely, written and apply to almost anyone handling the personal data of Russian citizens, whether one is located in...

Peter S. Vogel: NO EVIDENCE That ‘Personal Information Was Ever Transmitted,’ So Google Wins Privacy Lawsuit!

By Peter S. Vogel Android users lost their lawsuit claiming that Google “violated its own privacy policy by disclosing their names, email addresses and account locations to third parties without permission, to boost advertising revenue” according to Reuters . On July 15, 2015 U.S. Magistrate...

Ballard Spahr LLP: DOJ Cracks Down on Cyber Criminals

The Department of Justice (DOJ) recently announced the largest coordinated international law enforcement effort ever directed at an online cyber-criminal forum. Financial institutions and other companies should consider whether to incorporate some of the lessons learned from the DOJ’s Operation...

Peter S. Vogel: Bad News- You’re Not Entitled to Privacy When You Make A ‘Butt Call’!

By Peter S. Vogel A court ruled that there is no privacy to people who make “butt calls” and particularly when the party making the “butt call” admitted “that he was aware of the risk of making inadvertent pocket-dial calls and had previously made such calls on his cellphone...

Peter S. Vogel: HIPAA Violation From Cyberattack That Exposes 4.5 Million Patients At UCLA Health?

By Peter S. Vogel In July 2011 UCLA Health settled HIPAA violation, paid a fine of $865,000 , and “committed to a corrective action plan aimed at remedying gaps in its compliance with the rules,” but they were not prepared for a 2014 cyberattack because of July 17, 2015 UCLA issued a press...

Ballard Spahr LLP: 7th Circuit Green Lights Data Breach Class Action Against Neiman Marcus

By Phillip N. Yannella, Daniel JT McKenna and Suzanne O. Lufadeju An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority...

Auto Insurance Telematics Data Privacy And Ownership

By Frederick J. Pomerantz and Aaron J. Aisen Introduction Data collection is the new normal in the 21st century. This extends from search engines to social media to consumer shopping habits. This also includes monitoring driving behavior and auto performance. Insurance companies can use vehicle...

Peter S. Vogel: EU Demands That Google’s ‘Right To Be Forgotten’ To Be Worldwide Searches, Not Just In The EU

By Peter S. Vogel Google is fighting a June 2015 order from the French CNIL (Commission nationale de l’informatique et des libertés) that ordered Google to “delist links not just from all European versions of Search but also from all versions globally.” Google’s Global...

Peter S. Vogel: Legal Departments Cause Lots of Cyberintrusions by Opening Too Much Phish!

By Peter S. Vogel Verizon’s 2015 Data Breach Investigations Repor t identified that the legal, communications, and customer service departments “were far more likely to actually open an e-mail than all other departments.” My blog entitled “ Phishing and Malware Cyberattacks...

DLA Piper LLP: Wire Transfer Phishing – An Old Scam Returns: Simple Steps To Protect Your Organization

By Tara McGraw Swaminatha and Christopher Scott Companies around the world are seeing the resurgence of an old scam: wire transfer phishing attacks that trick employees into wiring money from company bank accounts to criminals’ bank accounts. Over the past several months, many companies have...

State Net Capitol Journal: States And Congress Differ On Security-Breach Regulation

By Korey Clark Nearly every state in the country has passed a law requiring private or government entities to notify individuals about security breaches involving their personal information. And states have been toughening those laws in recent years. But cybersecurity legislation pending in Congress...

Ballard Spahr LLP: California, Nevada Expand Scope of Customer Personal Information Subject to Reasonable Security Measures

Recent statutory amendments passed in California and Nevada expanding the definition of “personal information” will significantly impact the security measures businesses operating in these states must implement when handling personal information of customers residing there. California...

Troutman Sanders LLP: Criminalization of Robocalls?

U.S. Senator Chuck Schumer (D. N.Y.) has introduced a bill that would criminalize the act of knowingly initiating a commercial robocall without the prior express written consent of the recipient. The bill, S. 1681, defines a “commercial robocall” as a telephone call made for the purpose...

Michigan State University Must Disclose To ESPN Names Of Student Athletes In Incident Reports

ESPN submitted a request under FOIA asking Michigan State University to provide incident reports involving a list of 300 student-athletes. The University produced the records, but redacted the names and identifying information of the suspects, victims, and witnesses. As authority for its decision, the...

Norton Rose Fulbright: CA Supreme Court Won’t Respond To Question From 9th Circuit On Privacy Law For Credit Card Customers

By Lauren Shoor In addition to refusing to hear an appeal in Harrold v. Levi Strauss & Co. , which we previously posted about, the California Supreme Court also declined to respond to a question the Ninth Circuit in Davis v. Devanlay Retail Group, Inc. certified to the Court, seeking clarification...

Peter S. Vogel: Cyber & Legal Risks All Over These 45 Security And Privacy Blind Spots!

By Peter S. Vogel Everyone should be interested in a recent Blind Spot Report which was created because of the “demand for accountability in respect to privacy protection is growing, and security professionals are finding themselves in part responsible for this issue.” The International...

Peter S. Vogel: What A Great Idea – Keep A Cybersecurity Attorney On Retainer!

By Peter S. Vogel Since “99% of incident response and forensics is run through IT not counsel” businesses should follow Computerworld’s advice about managing cyberintrusions since “time is not a friend in any breach situation, companies that have cyber security attorneys on...