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HTMLCourt Dismisses Shareholder Derivative Action Targeting Directors and Officers for Data Breaches
David L. Barres; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 1, 2014, previously published on October 22, 2014
A federal district court in New Jersey has dismissed with prejudice a shareholder derivative suit, Palkon v. Holmes, No. 14-CV-01234 (SRC) (D.N.J.), that tried to blame the directors and officers at hospitality company Wyndham Worldwide Corporation (“Wyndham”) for a series of data...


HTMLTrolls Beware: Kentucky Court of Appeals Issues New Test to Discover Identity of Anonymous Internet Posters in Litigation
Ryan M. McLane; Dressman Benzinger LaVelle psc;
Legal Alert/Article
October 31, 2014
...the Court developed the test that will be used in Kentucky to determine when a plaintiff may compel disclosure of the identity of an anonymous Internet speaker.


HTMLThe Line Out of This Place Is as Long as the River
David J.B. Froiland; Foley & Lardner LLP;
Legal Alert/Article
October 30, 2014, previously published on October 20, 2014
This month, the U.S. Supreme Court heard argument in a case that would seem to raise easy enough questions: When does an employee’s workday begin and end? What activities count as “work”? However, these questions have given way to tortured analysis and fairly arbitrary results.


HTMLCyber Voluntary Payment Defense Thwarted by Bank Fraud Regulation
Joseph F. Bermudez; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 17, 2014, previously published on October 9, 2014
Financial institutions are one of the entities most threatened by cyber crisis events. As data breaches and cyber threats become more inventive, the risks to financial institutions and their clients continue to grow. However, as recent studies have established, no commercial area is free from a...


HTMLCalifornia Adds More Teeth to Its Data Breach Notification Law
Gabriel Ledeen, Michael G. Morgan, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On September 30, 2014, California's Governor Brown signed A.B. 1710, a bill establishing new requirements under California's data breach notification statute. The new law adds three provisions to the existing statute, California Civil Code section 1798.81.5: (i) it prohibits the sale, advertisement...


HTMLShellshock, the Perfect 10 Exploit: Easy to Use, Devastating Impact
Richard J. Johnson, Todd S. McClelland, Mauricio F. Paez; Jones Day;
Legal Alert/Article
October 7, 2014, previously published on September 2014
A new bug, dubbed "Shellshock," which affects software used in computer systems worldwide, came to light last week. According to the U.S. Department of Homeland Security's United States Computer Emergency Readiness Team ("US-CERT"), "[t]his vulnerability is classified by...


HTMLOn Standby: Internet Service Providers May Rely on Prior Guidance Until Congress or the Massachusetts Legislature Addresses the Taxation of Internet Access
Andrew D. Appleby, Stephanie T. Do; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 3, 2014, previously published on September 30, 2014
The Massachusetts Department of Revenue addressed the possible expiration and subsequent retroactive enactment of the federal Internet Tax Freedom Act (ITFA). The Department advised Internet Service Providers (ISPs) to continue to rely on Technical Information Release (TIR) No. 05-8 (July 14,...


HTMLTime to Step Up Your COPPA Compliance
Cynthia J. Larose, Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 3, 2014, previously published on September 25, 2014
The Federal Trade Commission (FTC) has made good on its promise to actively enforce the recently amended Children’s Online Privacy Protection Act (COPPA). Here is what you should know about the latest enforcement actions against Yelp and TinyCo and how these might affect your business.


HTMLCyber Liability Insurance: Where’s the Beef?
Daniel Harary, Heidi A. Lawson; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 30, 2014
“Cyber liability insurance” is often used to describe a range of insurance policies, in the same way that the word cyber is used to describe a broad range of information security related tools, processes and services. Everyone is talking about the need for “stand alone”...


HTMLBrazilian Regulators Slap $1.59 Million Fine on Telecom Giant Oi, Alleging Violations of Users’ Privacy Rights
Ieuan Jolly, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
September 18, 2014, previously published on September 2014
As a reminder of the transnational nature of online data collection-and the ever-expanding web of regulatory bodies stepping in to monitor how information is collected and used-Brazilian regulators announced that they had issued the nation's first penalty under the country's new Internet law, the...


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