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|Court Dismisses Shareholder Derivative Action Targeting Directors and Officers for Data Breaches|
David L. Barres; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 1, 2014, previously published on October 22, 2014A 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...
|Trolls Beware: Kentucky Court of Appeals Issues New Test to Discover Identity of Anonymous Internet Posters in Litigation|
Ryan M. McLane; Dressman Benzinger LaVelle psc;
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.
|The Line Out of This Place Is as Long as the Amazon.com River|
David J.B. Froiland; Foley & Lardner LLP;
October 30, 2014, previously published on October 20, 2014This 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.
|Cyber Voluntary Payment Defense Thwarted by Bank Fraud Regulation|
Joseph F. Bermudez; Wilson Elser Moskowitz Edelman & Dicker LLP;
October 17, 2014, previously published on October 9, 2014Financial 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...
|California Adds More Teeth to Its Data Breach Notification Law|
Gabriel Ledeen, Michael G. Morgan, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
October 16, 2014, previously published on October 2014On 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...
|Shellshock, the Perfect 10 Exploit: Easy to Use, Devastating Impact|
Richard J. Johnson, Todd S. McClelland, Mauricio F. Paez; Jones Day;
October 7, 2014, previously published on September 2014A 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...
|On 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;
October 3, 2014, previously published on September 30, 2014The 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,...
|Time to Step Up Your COPPA Compliance|
Cynthia J. Larose, Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 3, 2014, previously published on September 25, 2014The 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.
|Cyber Liability Insurance: Where’s the Beef?|
Daniel Harary, Heidi A. Lawson; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
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”...
|Brazilian Regulators Slap $1.59 Million Fine on Telecom Giant Oi, Alleging Violations of Users’ Privacy Rights|
Ieuan Jolly, James D. Taylor; Loeb & Loeb LLP;
September 18, 2014, previously published on September 2014As 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...