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|German Data Protection Commissioners Call for Improvements to the General Data Protection Regulation|
Ted-Philip Kroke, Mauricio F. Paez, Undine von Diemar; Jones Day;
September 7, 2015, previously published on September 2015As deliberations on the General Data Protection Regulation (“GDPR”) between the trialogue parties European Parliament, European Council, and European Commission reach the final stages, the Conference of the Data Protection Commissioners of the German Federation and the German States...
|Fox News Network, LLC v. TVEyes, Inc.|
Tal Dickstein, W. Allan Edmiston, David A. Grossman, Jonathan Neil Strauss, Jonathan Zavin; Loeb & Loeb LLP;
September 7, 2015Fox News Network brought a copyright infringement suit against TVEyes Inc., a company that records virtually all radio and television broadcasts and transforms their content into a searchable database for its subscribers (including the White House, Department of Defense, members of Congress and...
|Cyber Liability for the Public Body|
Chrissie Peterson; Heyl, Royster, Voelker & Allen Professional Corporation;
September 7, 2015, previously published on August 2015Major security and data breaches have become more prevalent in the past decade. News headlines are dominated by stories of major corporations having networks hacked and subjecting employees' and customers' personal, financial and health information to cyber threats.
|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...
|Have You Had Your Annual Checkup? The FTC Cracks Down on Inaccurate U.S.-EU Safe Harbor Claims|
Ieuan Jolly; Loeb & Loeb LLP;
September 1, 2015, previously published on August 2015While 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...
|FTC Safe Harbor Actions|
Ieuan Jolly; Loeb & Loeb LLP;
August 25, 2015, previously published on August 2015While 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...
|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...
|NIST Publishes Cybersecurity Standards Objectives|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 25, 2015, previously published on August 24, 2015The 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.