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|Updates from the TCPA|
Jennifer Monty Rieker, James C. Warmbrodt; Weltman, Weinberg & Reis Co., L.P.A.;
November 10, 2015, previously published on November 2, 2015 The cell phone rings during dinner, and the immediate reaction is to glance down to see who is calling. It is an unknown number. The decision must be made whether or not to answer the call. Automated calls created such an issue that in 1991 Congress enacted the Telephone Consumer Protection Act...
|A Potential Business Nightmare - The TCPA and Uninvited Facsimiles|
Steve Ayers; Heyl Royster Voelker Allen Professional Corporation;
November 5, 2015, previously published on Fall 2015All businesses should be aware of the existence of the Telephone Consumer Protection Act of 1991, the "TCPA." This statute, as enforced by the Federal Communications Commission, makes it unlawful to fax an unsolicited advertisement unless the sender has an established business...
|Best Practices for Effective Electronic Communication|
Courtney G. Tito; McDonald Hopkins LLC;
October 29, 2015, previously published on September 17, 2015It is so easy today to fire off a post on any number of social media platforms - Facebook, LinkedIn, Twitter - that we sometimes forget to take the time to really consider what we are posting and our audience. We rarely think about the fact that our post will be there forever. That is why it is...
|California Enacts More Sweeping Data Privacy Laws|
Ieuan Jolly; Loeb & Loeb LLP;
October 29, 2015, previously published on October 2015Perennially leading the country - and challenging companies to keep up - California has, for the third time in three years, enacted several new data laws, including a groundbreaking digital privacy law and amendments to its data breach notification statute that expands the classes of data protected...
|What you need to know about Hong Kong Competition Law (Part 1) - General Overview|
Simon H. Berry, Alec J. Burnside, Viola Jing, Michael Liu, Charles F. (Rick) Rule; Cadwalader, Wickersham & Taft LLP;
October 26, 2015, previously published on October 14, 2015The implementation of the new Competition Ordinance (Chapter 619 of the Laws of Hong Kong) (the Competition Ordinance) on 14 December 2015 will mark the first time that Hong Kong has a general and cross-sector competition law.
|California Amends Data Breach Notification Statute by Requiring Specific Notification Content and Expanding the Definition of Personal Information|
Gregory K. Lee, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
October 26, 2015, previously published on October 16, 2015California’s Data Breach Notification Statute was amended on October 6, 2015, by Governor Jerry Brown. The amendment, which takes effect on January 1, 2016, makes important changes to the existing law, including new requirements for security breach notification through the use of prescribed...
|The Changing Landscape of Cross Border Data Transfers|
Bryce Dillon, Robert P. Kinghan; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
October 26, 2015, previously published on October 19, 2015On October 6, 2015, the European Court of Justice (“ECJ”) ruled that the Safe Harbor Framework, an arrangement which allowed the exchange of personal data among European and American companies, was invalid. Given the increasingly global nature of commercial information sharing, this has...
|EU Data Protection: Article 29 Working Party Says Standard Contractual Clauses, Binding Corporate Rules are Adequate—for Now|
Olivier Haas, Mauricio F. Paez, Undine von Diemar; Jones Day;
October 23, 2015, previously published on October 2015After the European Court of Justice ("ECJ") declared the 2000/520/EC Safe Harbor decision of the European Commission (the "Safe Harbor") to be invalid, there was considerable uncertainty as to whether alternative measures of protection to legalize the transfer of personal data...
|Do as You Say (and as You Should Do): How the Hospitality Industry Can Brace for Data Privacy Actions|
Mark S. Eisen; Sheppard, Mullin, Richter & Hampton LLP;
October 23, 2015, previously published on October 19, 2015On October 2, 2015, Trump International Hotels became the latest in a growing line of data breach class action victims. Driscoll v. Trump International Hotels Management LLC, No. 15-cv-1089 (S.D. Ill.). Indeed, the hospitality industry as a whole is seeing increased scrutiny from both...
|EU Data Protection Authorities Issue Joint Statement on Invalidation of Safe Harbor: Not Much Help Here |
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
October 23, 2015, previously published on October 16, 2015The so-called “Article 29 Working Party” of EU Data protection officials from the 28 EU member states today released a much-anticipated press release regarding the Court of Justice of the European Union (CJEU) landmark decision invalidating the US-EU Safe Harbor framework.