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|A New Era of US-EU Safe Harbor Scrutiny by the FTC? FTC Reaches Consent Agreements with 12 Different Safe Harbor Certified Companies|
David L. Anderson, Ari Z. Moskowitz, Mark E. Schreiber; Edwards Wildman Palmer LLP;
February 6, 2014, previously published on February 3, 2014Recently announced FTC actions are a signal of renewed focus and enhanced enforcement by the FTC on companies which have pledged to adhere to Safe Harbor obligations. Some see this as a response by the FTC to EU pressures arising from the NSA disclosures and attempts to eliminate or re-align the...
|Electronic Discovery & Information Governance - Tip of the Month: Social Media E-Discovery|
Anthony J. Diana, Kim A. Leffert, Richard E. Nowak; Mayer Brown LLP;
February 5, 2014, previously published on January 31, 2014A large corporation has been sued by former employees who allege that their supervisors harassed them and made inappropriate remarks in the workplace and on social media. During discovery, the corporation receives a document request for the supervisors’ social media postings, emails and...
|FTC Issues Updated Media Guidance for Screening Fake Weight Loss Claims|
Bruce Colbath; Sheppard Mullin Richter Hampton LLP;
February 3, 2014, previously published on January 27, 2014On January 7, 2014, the Federal Trade Commission announced “Operation Failed Resolution”, targeting false and deceptive claims made by marketers of weight loss products. As part of this initiative, the FTC issued updated guidance for use by the media to help them spot phony weight-loss...
|Data Privacy Day 2014|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
February 3, 2014, previously published on January 28, 2014The “observance” of Data Privacy Day annually on January began in 2008. The National Cyber Security Alliance (NCSA) will be kicking off today’s events with a live stream of its press conference in Washington, DC.
|New Timeline for Adoption of Definitive EU Data Protection Regulation|
Susan L. Foster; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
February 3, 2014, previously published on January 28, 2014(LONDON) The European Commission announced yesterday that it is working towards a revised timeline for the adoption of a definitive Data Protection Regulation by the end of 2014.
|Comment and Reply Comment Deadlines Set Regarding FCC’s Proposed Elimination of Sports Blackout Rules|
Seth A. Davidson, Arthur H. Harding, Ari Z. Moskowitz; Edwards Wildman Palmer LLP;
January 31, 2014, previously published on January 24, 2014As announced last month, the Federal Communications Commission is proposing to eliminate its “sports blackout rules,” which allow sports teams to demand that cable systems and DBS providers black out imported distant broadcast signals when they are presenting a live telecast of a local...
|BREAKING NEWS: FTC Announces Major Settlement with Apple|
Cynthia J. Larose, Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
January 30, 2014, previously published on January 15, 2014FTC Chairwoman Edith Ramirez just announced (press conference) that Apple, Inc. (“Apple”) has agreed to provide consumers full refunds of at least $32.5 Million Dollars to settle the Commission’s complaint alleging that Apple billed consumers millions of dollars in charges...
|Ferreting Out the Frauds: a Virginia Court Orders Yelp To Identify Anonymous Users|
Alicia Sienne Voltmer; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
January 28, 2014, previously published on January 22, 2014Social media is widely used in the hospitality industry for everything from promoting sales to recruiting new talent. Facebook, Twitter, Pinterest, Foursquare, and a number of other sites provide hoteliers and restaurateurs with nearly limitless access to local, national, and international...
|Harsh Lessons on Social Media and Photography Use|
Alicia Calzada; Haynes Boone LLP;
January 22, 2014, previously published on January 14, 2014Can news organizations take images from a social media site and use them without asking permission? Over a year ago, a federal judge in the Southern District of New York said no, and in November, a jury awarded the photographer in that case $1.22 million dollars for such conduct. The verdict should...
|Virginia Sets Standard for Piercing Online Anonymity|
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
January 17, 2014, previously published on January 2014The Virginia Court of Appeals set the evidentiary standard for piercing the constitutionally protected anonymity of reviewers when they are alleged to have defamed a company in an online review.