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|5 Deadly Sins Cyber Criminals Know About Law Firm Security|
Brent Cantrell, Fred Cobb, Justin Joy, William Kunkel; Lewis, Thomason, King, Krieg & Waldrop, P.C.;
September 2, 2015, previously published on August 2015Nearly every day we hear news of some new, large-scale cyber hack. For instance, the recent OPM database hack compromised personal information for over 21 million past and current federal employees and contractors. This attack, along with those on Target, Home Depot and several large insurance...
|Third Circuit Holds FTC Has Authority to Regulate Cybersecurity under Unfairness Prong of 15 U.S.C. § 45(a)|
Melissa K. Ventrone, Aleksandra M. S. Vold; Wilson Elser Moskowitz Edelman & Dicker LLP;
September 2, 2015, previously published on September 1, 2015The Third Circuit recently issued its highly anticipated ruling in the Federal Trade Commission v. Wyndham Worldwide Corp., Case. No. 14-3514, holding that the FTC has authority to regulate the cybersecurity practices of companies under the “unfair” prong of section 5 of the FTC Act. In...
|Third Circuit Affirms the FTC's Authority to Regulate and Enforce Data Security|
Richard J. (Jay) Johnson, Todd S. McClelland, Daniel J. (Dan) McLoon, Michael G. (Mike) Morgan, Jeff Rabkin; Jones Day;
September 1, 2015, previously published on August 2015In FTC v. Wyndham Worldwide Corp., No 14-3514, -- F.3d-- (3d Cir. Aug. 24, 2015), the Third Circuit issued an important decision affirming a United States District Court of New Jersey ruling that the Federal Trade Commission ("FTC") has authority under Section 5 of the Federal Trade...
|FTC Safe Harbor Actions|
Ieuan Jolly; Loeb & Loeb LLP;
August 25, 2015, previously published on August 2015While the U.S.-EU “Safe Harbor” Framework for transferring data into the United States is hardly new — it was approved 15 years ago — the Federal Trade Commission has recently focused its enforcement efforts on companies that inaccurately represent their certification under...
|NIST Publishes Cybersecurity Standards Objectives|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 25, 2015, previously published on August 24, 2015The National Institute of Standards and Technology has published a draft of its objectives for cybersecurity standardization, following in many ways the consultative model that it used successfully in drafting the NIST Framework for critical infrastructure cybersecurity.
|U.S. Court of Appeals Upholds FTC’s Authority to Regulate Cybersecurity|
Sutherland Asbill Brennan LLP;
August 25, 2015, previously published on August 24, 2015Today, the United States Court of Appeals for Third Circuit issued its opinion in FTC v. Wyndham Worldwide Corp. upholding the authority of the Federal Trade Commission to regulate corporate cybersecurity under Section 5(a) of the Federal Trade Commission Act, which prohibits businesses from...
|A Recent FCC Order May Require Financial Institutions and Healthcare Providers to Put Robocalls to Wireless Phone Numbers on Hold|
Mitchell F. Brecher, Debra McGuire Mercer; Greenberg Traurig, LLP;
August 14, 2015, previously published on August 13, 2015A recent Federal Communications Commission (FCC) Order issued July 10, 2015, (Robocall Order) clarifies several provisions in the Telephone Consumer Protection Act (TCPA) (47 U.S.C. § 227) and the FCC’s implementing regulations (47 C.F.R. § 64.1200). Those laws provide that an...
|NAIC CyberSecurity Task Force To Review Federal Financial Institutions Examination Council's (FFIEC) Cyber-Assessment Tool|
G. Donovan Brown; Colodny Fass, P.A.;
August 12, 2015, previously published on August 10, 2015The National Association of Insurance Commissioners ("NAIC") Cybersecurity Task Force will discuss the Federal Financial Institutions Examination Council ("FFIEC") Cybersecurity Assessment Tool ("CAT") as part of its Summer 2015 National Meeting agenda (Twitter Hashtag...
|A Band-Aid Remedy?: New TCPA Rules for the Healthcare Industry|
Thomas M. Byrne, Juan C. Garcia, Allegra J. Lawrence-Hardy, Rocco E. Testani, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
August 12, 2015, previously published on August 12, 2015Companies in the healthcare industry, along with virtually every consumer-facing business, are adjusting to the impacts of the Federal Communications Commission’s (FCC) July 10, 2015 Order resolving more than 20 petitions seeking clarification of the Telephone Consumer Protection Act (TCPA)....
|FCC Releases Declaratory Ruling Clarifying and Expanding the Reach of the Telephone Consumer Protection Act|
Paul D. Abbott, Radhika U. Bhat, Ernest C. Cooper, Russell H. Fox; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 30, 2015, previously published on July 17, 2015On July 10, 2015 the Federal Communications Commission (“FCC”) released a Declaratory Ruling and Order clarifying its interpretation of the Telephone Consumer Protection Act (“TCPA”) and expanding its reach.