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|Communications with your Cybersecurity Consultant and Forensic Reports May Now Be Protected|
James J. Giszczak, Sara Hutchins Jodka, Dominic A. Paluzzi; McDonald Hopkins LLC;
June 22, 2015, previously published on June 11, 2015A recent ruling in Tennessee will prove key for cybersecurity litigation everywhere. In Genesco, Inc. v. Visa U.S.A., the court ruled that when cybersecurity consultants and forensic experts are engaged through counsel, the advice and forensic reports they give to a client are subject to...
|NIST's Privacy Risk Management Framework Released in Draft Report|
Todd S. McClelland, Daniel J. (Dan) McLoon, Michael G. (Mike) Morgan, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
June 22, 2015, previously published on June 2015On May 29, 2015, the National Institute of Standards and Technology ("NIST") released Privacy Risk Management for Federal Information Systems (NISTIR 8062) as a draft report, introducing its newly developed Privacy Risk Management Framework ("Privacy Framework"). The stated...
|Controls Coming for Intrusion & Network Surveillance Tools|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 22, 2015, previously published on June 11, 2015The Commerce Department’s export control agency, BIS, has proposed a new rule to control exports of equipment and software designed or modified to perform network intrusion and internet protocol communications surveillance. The proposed controls also cover technology used to develop intrusion...
|FTC Answers New Questions About Endorsements and Disclosures|
Kenneth R. Florin, Nathan J. Hole, James D. Taylor; Loeb & Loeb LLP;
June 15, 2015, previously published on June 2015In light of the continued expansion of digital and social media, the FTC has released updated guidance on disclosing endorser relationships. In addition to reiterating its general guidance on when and how disclosures need to be made on digital platforms and in social media, the updated FAQs cover a...
|The NAI Issues Privacy Guidelines For Interest-Based Advertising, Ad Delivery and Reporting|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 1, 2015, previously published on May 22, 2015The Network Advertising Initiative (NAI) has issued guidance for its members on the use of non-cookie technologies for Interest-Based Advertising (IBA) and Ad Delivery and Reporting (ADR) (Guidance).
|Sponsor of Ironman Contest Agrees to Forfeit $2.7 Million in Lottery Fees|
Kenneth R. Florin, Thomas P. Jirgal, James D. Taylor; Loeb & Loeb LLP;
May 25, 2015, previously published on May 2015The U.S. Attorney's Office in Florida announced that World Triathlon Corporation (WTC) has agreed to turn over $2.7 million in lottery receipts to settle charges that the triathlon organizer engaged in illegal gambling by conducting lotteries for spaces in the Ironman World Championship contest.
|Dealing with The Press: Top Ten Tips for Legacy Officers|
Rupert Cowper-Coles, Paola Fudakowska; Withers Bergman LLP;
May 15, 2015, previously published on May 12, 2015A legacy officer's role can involve difficult disputes with families and strong emotions can be aroused. In such disputes intrinsic human interest - and the risk of accompanying media interest - is always there. If your charity is ill-prepared, handles the press badly, or fails to take action after...
|Supreme Court to Decide Who Can Sue under Privacy Law|
Jason C. Gavejian, B. Tyler Philippi; Jackson Lewis P.C.;
May 14, 2015, previously published on May 1, 2015Does a consumer, as an individual, have standing to sue a consumer reporting agency for a “knowing violation” of the Fair Credit Reporting Act (“FCRA”), even if the individual may not have suffered any “actual damages”?
|ABA Working Group on NAD Process: Make It Even Better|
Kenneth R. Florin, David G. Mallen, James D. Taylor; Loeb & Loeb LLP;
May 6, 2015, previously published on April 2015An American Bar Association working group last week issued its report reviewing and suggesting improvements to the advertising industry's self-regulatory adjudication system. The 52-page report, "Self-Regulation of Advertising in the United States: An Assessment of the National Advertising...
|The Anthem Breach Silver Lining|
Diane D. Reynolds; Taft Stettinius & Hollister LLP;
April 23, 2015, previously published on February 5, 2015Anthem may have just experienced the largest health care data breach in U.S. history, with potentially 80 million individuals at risk from this “very sophisticated external cyber-attack,” according to Anthem Chief Executive Joseph Swedish. There will be months of analysis, debate and...