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|Facebook Defamation Case Awards Significant Damages|
David A. Crerar; Borden Ladner Gervais LLP;
May 10, 2016, previously published on April 25, 2016Given the ease and encouragement of sharing on Facebook and other social media, the risk of harm, and subsequent substantial legal damages, may be greater than with defamatory statements in more conventional forms.
|Agreement Reached on the European Reform of Data Protection|
Paloma Bru, Dionna J.A. Little, Mauricio F. Paez, Elizabeth A. Robertson, Undine von Diemar; Jones Day;
December 29, 2015, previously published on December 2015After almost four years of heated debate, the EU Parliament, Council, and Commission have reached an agreement on the final form of the General Data Protection Regulation ("GDPR"), the most comprehensive reform of data protection law ever envisaged in the EU's history. It is not an...
|Learned Intermediary Doctrine, Direct-to-Consumer Advertising, and the Rise of Social Media - Life Sciences Blog Posting by Spencer Bomar|
Carlock Copeland Stair LLP;
December 11, 2015, previously published on December 4, 2015Like most individuals living in today’s world, medical device and pharmaceutical companies utilize social media. Social media provides companies with another way in which to communicate with consumers beyond traditional direct-to-consumer mass media. Social media, e.g. Facebook, YouTube,...
|7 Tactics for Winning the Cyber War, Part 2: Know Your Role|
Richik Sarkar; McDonald Hopkins LLC;
October 30, 2015, previously published on September 2, 2015As a director or member of the board, it is important that you understand how cybersecurity issues affect your usual fiduciary duties. And it’s equally important that you understand what the potential liabilities are. Courts and regulators today are employing stringent standards and analyzing...
|Irish High Court Quashes Irish Data Protection Commission Original Schrems’ Decision|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
October 23, 2015, previously published on October 20, 2015The Irish High Court today has ordered the Irish Data Protection Commissioner (DPC) to investigate Facebook’s European data privacy practices, bringing Max Schrems’ three-year fight full circle. The Court today quashed the original DPC refusal to examine Schrems’ complaint that...
|New Maine Social Media Privacy Law Takes Effect October 15, 2015|
David P. Mason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
October 20, 2015, previously published on October 9, 2015Maine has become the latest state to restrict employers’ ability to access social media accounts of employees and applicants. A new Maine statute, which will go into effect on October 15, 2015, prohibits a broad range of employer conduct.
|5 Deadly Sins Cyber Criminals Know About Law Firm Security|
Brent Cantrell, Fred Cobb, Justin Joy, William Kunkel; Lewis, Thomason, King, Krieg & Waldrop, P.C.;
September 2, 2015, previously published on August 2015Nearly 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...
|Third 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;
September 2, 2015, previously published on September 1, 2015The 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...
|Third 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;
September 1, 2015, previously published on August 2015In 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...
|U.S. Court of Appeals Upholds FTC’s Authority to Regulate Cybersecurity|
Sutherland Asbill Brennan LLP;
August 25, 2015, previously published on August 24, 2015Today, 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...