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GDPR D-Day:  If Not Prepared, It Could Cost You Europe
September 26, 2017

GDPR D-Day: If Not Prepared, It Could Cost You Europe

By: Nicole Kardell
GDPR D-Day: May 25, 2018. If you are not prepared, the results could cost you Europe. In the U.S., we’ve had a pretty business-friendly approach to consumer data protection. And while federal and state authorities have their respective consumer protection laws, there is no single federal law that clearly defines U.S. policy on how consumer data may be collected and used. Businesses have come to view customer data as a potential gold mine, and the ease and cost-effectiveness of data collection as a gold rush. Things are different across the pond. Historically, the E.U. and its member states have been diligent in protecting the consumer and consumer data. It started in 1995 with the E.U. Data Protection Directive. U.S. businesses have had to be mindful of the Directive, insofar as their business involved E.U. citizen data, but have been able to operate under a freer regimen than that imposed in Europe. The Directive’s successor, the General Data Protection Regulation (“GDPR”), changes things up substantially however, even on this side of the... Read more
ICOs: Proceed with Caution
July 25, 2017

ICOs: Proceed with Caution

By: Steven Eichorn and Jessica Feil

Today, the Securities and Exchange Commission (“SEC”) issued an investor bulletin and an investigative report. The investigative report found that companies involved in sales of digital assets via distributed ledger or blockchain technology may be engaged in conduct subject to federal securities laws. While this report is the first of its kind to address initial… Read More

The FTC’s Role in Privacy
April 22, 2017

The FTC’s Role in Privacy

By: Nicole Kardell

Acting Chairman of the Federal Trade Commission, Maureen Ohlhausen, answered questions about the FTC’s current role in data privacy before a crowded audience at the April 2017 IAPP Global Privacy Summit in D.C.  Below are some take-aways we wanted to share from Commissioner Ohlhausen’s talk: Even if out of ISP oversight, the FTC is actively… Read More

D.C. Circuit v. FCC – More Pushback to Come?
April 17, 2017

D.C. Circuit v. FCC – More Pushback to Come?

By: Michelle Cohen

Over the past several years, the Federal Communications Commission (“FCC”) took an expansive view of its rules under the Telephone Consumer Protection Act of 1991 (“TCPA”). The TCPA bars certain calls, texts and faxes without prior express consent and requires disclosures and opt-out procedures.  While the FCC and state attorney generals may enforce the TCPA,… Read More

Online Reviewers Get New Protections
January 12, 2017

Online Reviewers Get New Protections

By: Michelle Cohen

Your business booked a large charity event.  However, the customer contact turns out to be a nightmare. She complains (during and after the event) that the service was slow, the food looked and tasted like a frozen meal, and the drinks were watered down.  She even claims she was overcharged.  You reviewed the situation and,… Read More

Can Your Pacemaker Be Hacked?
January 4, 2017

Can Your Pacemaker Be Hacked?

By: Drew Barnholtz

Tom Kellermann, CEO of Strategic Cyber Ventures guest co-authored this post. A famous Homeland episode involved a terrorist gaining access to the Vice-President’s pacemaker.  Accessing medical devices to wreak havoc was one of the motivations behind certain provisions of the Digital Millennium Copyright Act (aka the DMCA).  The DMCA makes it “illegal to circumvent technological… Read More

In January 2017, the Obama Administration will transfer power to the incoming Trump Administration, and Congress will convene with a Republican majority in both houses. Predictions abound as to what legislative and regulatory changes will transpire under the new administration. Earlier this month, WSJ Pro hosted a live video event to discuss how the election… Read More

How The FTC Guides Businesses Through Data Breaches
November 10, 2016

How The FTC Guides Businesses Through Data Breaches

By: Michelle Cohen

The Federal Trade Commission (“FTC”) recently released a data breach guide for businesses, along with a video and blog to help companies following the immediate aftermath of a data breach.  The FTC also provides a model data breach letter to notify individuals of a breach.  The agency – which views itself as the nation’s primary… Read More

As Halloween has people thinking of ghosts and ghouls, creative plaintiffs’ attorneys have turned an arcane New Jersey law into a true source of fright for virtually anybody who offers services that are even potentially available within the Garden State. The law at issue is the New Jersey Truth in Consumer Contract, Warranty, and Notice… Read More

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