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|“May I have your ZIP Code?” Retailers May Want to Read This....|
Nancy D. Adams; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 3, 2014, previously published on June 18, 2014There are only a handful of decisions addressing whether a commercial general liability (CGL) policy provides coverage for lawsuits brought against retailers allegedly collecting their customers’ ZIP code information. Thus, when a decision is issued in this area, particularly a decision...
|Round Two for Snapchat: Agreement with the Maryland Attorney General Settling Claims of Consumer Deception and COPPA Violations|
Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 3, 2014, previously published on June 19, 2014Just a little over a month after settling charges of false promises of disappearing user messages (among other things) with the Federal Trade Commission (“FTC”), mobile app developer Snapchat, Inc. (“Snapchat” or “Company”) announced (blog post) that on June 12th...
|Five Lessons from OCR’s Report to Congress on Breaches and HIPAA Rules Compliance|
Dianne J. Bourque, Stephanie D. Willis; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 3, 2014, previously published on June 20, 2014Last week, the HHS Office of Civil Rights (OCR) released two reports required by the Health Information Technology for Economic and Clinical Health (HITECH) Act: (i) the Annual Report to Congress on Breaches of Unsecured Protected Information (Breach Report); and (ii) the Annual Report to Congress...
|Massachusetts High Court Permits Compelled Decryption of Seized Digital Evidence|
Matthew D. Levitt; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 3, 2014, previously published on June 25, 2014Today, in Commonwealth v. Gelfgatt, No. SJC-11358 (Mass. June 25, 2014), a divided Massachusetts Supreme Judicial Court held that under certain circumstances, a court may compel a criminal defendant to provide the password to encrypted digital evidence seized by the government without violating...
|Calling All Boards of Directors: Four Recommendations from the SEC|
Adam M. Veness; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 3, 2014, previously published on June 13, 2014SEC Commissioner Luis Aguilar recently spoke at the New York Stock Exchange Conference “Cyber Risks and the Boardroom.” In his speech, Commissioner Aguilar emphasized the importance of cybersecurity and how fast the need for cybersecurity has grown in such a short time period, pointing...
|Microsoft and Other Major Technology Companies Push Back Against Warrant to Access Data Held on Foreign Servers|
Lawrence R. Freedman, Ari Z. Moskowitz, Mark E. Schreiber; Edwards Wildman Palmer LLP;
July 1, 2014, previously published on June 26, 2014A dispute between Microsoft and the U.S. government over a search warrant could have major repercussions for cloud service providers. Historically, European data privacy and protection standards have been stricter generally speaking than those in the U.S. The "Safe Harbor" arrangement...
|U.S. Supreme Court Reverses Second Circuit; Finds Aereo is Engaging in Unlicensed Public Performances of Broadcast Programs|
Seth A. Davidson, Arthur H. Harding, Ari Z. Moskowitz; Edwards Wildman Palmer LLP;
July 1, 2014, previously published on June 25, 2014In a much-anticipated ruling, on Wednesday, June 25, 2014, the United States Supreme Court, by a 6-3 margin, overturned the decision of the Second Circuit in ABC et. al v. Aereo. The majority opinion, written by Justice Breyer, held that the transmissions of broadcast programming made to...
|Major Amendments to Florida Breach Notification Statute: Unique Requirements and Short Deadlines Take Effect July 1|
Theodore P. Augustinos, Karen L. Booth, Mark E. Schreiber, Thomas J. Smedinghoff; Edwards Wildman Palmer LLP;
July 1, 2014, previously published on June 2014Florida Governor Rick Scott recently signed the Florida Information Protection Act of 2014 (SB 1524, the “Act”) into law, amending Florida’s breach notification statute effective July 1, 2014. The amendments are significant, including the first statutory requirement to provide...
|Supreme Court Rules Aereo’s Streaming Service Violates Copyright Law|
John M. Beahn, Anthony J. Dreyer, David W. Hansen, Paul M. Kerlin, Stuart D. Levi; Skadden, Arps, Slate, Meagher & Flom LLP;
June 27, 2014, previously published on June 25, 2014In a case closely watched by the television, cable and online content industries, the Supreme Court ruled today that online start-up Aereo Inc. violates copyright law by redistributing over-the-air broadcast content without paying licensing fees to broadcasters. The decision is a significant...
|Employer’s Potential Liability in Class Action for Employee’s Breach of Privacy A Good Reminder For All|
Ryley Mennie; McCarthy Tétrault LLP;
June 27, 2014, previously published on June 25, 2014A recent decision of the Ontario Superior Court of Justice highlights the increasing focus on (and potential liability arising from) customers’ and clients’ privacy rights and the importance for employers to properly monitor the activities of their employees. Additionally, while the...