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|Privacy Groups Tells FTC That Topps’ Ring Pop Contest Violated COPPA|
Adam Z. Solomon; Olshan Frome Wolosky LLP;
February 16, 2015, previously published on December 10, 2014On December 9, 2014, a coalition of privacy groups asked the Federal Trade Commission to investigate and take enforcement action against the Topps Company for violating the Children’s Online Privacy Protection Act (“COPPA”).
|Hackers Gonna Hack-FINRA’s Report on Cybersecurity
Practices Assists Firms in Responding to Threats|
Samuel J. Casey, Charlie M. Kruly, Brian L. Rubin; Sutherland Asbill & Brennan LLP;
February 13, 2015, previously published on February 5, 2015On February 3, 2015 the Financial Industry Regulatory Authority (FINRA) released its long-awaited Report on Cybersecurity Practices, a broad overview of the state of play in the cybersecurity arena for broker-dealers. (Although FINRA has examined only broker-dealers, its Report is helpful for the...
|Alberta PIPA Amendments: Much Ado About Nothing?|
Roland Hung; McCarthy Tetrault LLP;
February 12, 2015, previously published on January 20, 2015Just in time for the new year, the Alberta¿s Personal Information Protection Act (¿PIPA¿) was amended by Bill 3 which came into force on December 17, 2014. These amendments were in response to the Supreme Court of Canada decision to struck down PIPA in Alberta (Information and Privacy Commissioner)...
|Cybersecurity Governance and D&O Liability|
Sean Griffin, Charles Morgan; McCarthy Tetrault LLP;
February 12, 2015, previously published on December 22, 2014The assessment of a corporation¿s cyber risks is part of a board of directors¿ general risk oversight responsibilities. Since lawsuits, including class actions, are often commenced soon after a data breach, directors and officers should now consider that the board¿s oversight of cyber risks may...
|The “Right to be Forgotten” Guideline from the Article 29 Working Party|
Barry Sookman; McCarthy Tetrault LLP;
February 12, 2015, previously published on December 2, 2014In the landmark ruling in Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González (case no. C-131/12, May 13, 2014), the Court of Justice of the European Union (CJEU) recognized that search engines are controllers of the personal information they process. As...
|Cybersecurity Continues as a Major Focus of Financial Industry’s Concerns|
Michael Dodson; Burr & Forman LLP;
January 10, 2015, previously published on December 13, 2014With only three official days left of the current Congress, conversations Wednesday turned towards cybersecurity in the financial sector. The Commodity Futures Trading Commission, Office of the Comptroller of the Currency, and the Securities Exchange Commission all discussed planned or ongoing...
|Recent Dismissal Of Derivative Suit Demonstrates That Directors Must Focus Their Attention On CyberSecurity|
Travis P. Brennan, Marc J. Schneider; Stradling Yocca Carlson & Rauth A Professional Corporation;
December 12, 2014, previously published on November 2014With the increasing sophistication and variety of cyber-attacks, directors of companies holding sensitive customer information or trade secrets cannot be complacent about cyber security risk management and compliance. A recent decision in U.S. District Court dismissing a shareholder derivative suit...
|New Jersey District Court Rejects Shareholder Derivative Action Based on Cybersecurity Breach|
Kyle Evans Gay, Lewis H. Lazarus; Morris James LLP;
December 8, 2014, previously published on November 18, 2014In Palkon v. Holmes, C.A. No. 2:14-CV-01234 (SRC) (October 20, 2014), the United States District Court for the District of New Jersey dismissed with prejudice a shareholder derivative action arising from three distinct breaches of Wyndham Worldwide Corporation (“Wyndham”). The Court...
|This Week in Internet Gaming (Week of Oct. 6-10)|
Eric D. Frank; Duane Morris LLP;
November 18, 2014, previously published on October 10, 2014The Gibraltar Betting and Gaming Association lost its court battle fighting the United Kingdom’s Gambling (Licensing & Advertising) Act, specifically the point of consumption tax required to be paid on all online gaming activities taking place in the UK.
|Cybersecurity Assessment Observations|
Craig N. Landrum; Jones Walker LLP;
November 17, 2014, previously published on November 13, 2014In June 2014, the Federal Financial Institutions Examination Council ("FFIEC") launched a pilot cybersecurity testing program utilizing upcoming state and federal regulatory examinations at more than 500 community financial institutions. The purpose of the effort was to assess how these...