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HTMLThird 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;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
The 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...


HTML5 Deadly Sins Cyber Criminals Know About Law Firm Security
Brent Cantrell, Fred Cobb, Justin Joy, William Kunkel; Lewis, Thomason, King, Krieg & Waldrop, P.C.;
Legal Alert/Article
September 2, 2015, previously published on August 2015
Nearly 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...


HTMLThird Circuit Affirms the FTC's Authority to Regulate and Enforce Data Security
Richard J. Johnson, Todd S. McClelland, Daniel J. McLoon, Michael G. Morgan, Jeffrey Rabkin; Jones Day;
Legal Alert/Article
September 1, 2015, previously published on August 2015
In 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...


HTMLNIST Publishes Cybersecurity Standards Objectives
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 25, 2015, previously published on August 24, 2015
The 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.


HTMLFTC Safe Harbor Actions
Ieuan Jolly; Loeb & Loeb LLP;
Legal Alert/Article
August 25, 2015, previously published on August 2015
While 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...


HTMLU.S. Court of Appeals Upholds FTC’s Authority to Regulate Cybersecurity
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 25, 2015, previously published on August 24, 2015
Today, 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...


HTMLA 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;
Legal Alert/Article
August 14, 2015, previously published on August 13, 2015
A 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...


HTMLNAIC CyberSecurity Task Force To Review Federal Financial Institutions Examination Council's (FFIEC) Cyber-Assessment Tool
G. Donovan Brown; Colodny Fass, P.A.;
Legal Alert/Article
August 12, 2015, previously published on August 10, 2015
The 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...


HTMLSMS: Spoliation Made Simple?
Valerie Diden Moore; Butler Snow LLP;
Legal Alert/Article
July 16, 2015, previously published on July 16, 2015
Text messages have become an increasingly important and confusing topic in litigation. As a communication tool, text messages are on the rise and are typically seen as less formal and more immediate than even email. Immediacy and convenience led to an explosion of email use and a concomitant...


HTMLPost/Tweet/Pin/Snap/Share/Etc. with Confidence: Crafting Social Media Policies to Survive Consumer and Regulatory Scrutiny
Nathan A. Cardon, Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
Legal Alert/Article
July 16, 2015, previously published on July 14, 2015
It is a common refrain in advertising that you have to go where the eyeballs are. These days, many advertisers have concluded that the eyeballs are in and on social media- whether on desktop computers, tablets, or mobile devices like smartphones and smart watches so thats where many are spending an...


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