In the latest chapter of the ongoing battle between the FTC and LabMD, Inc. (“LabMD”) about the FTC’s claim that LabMD violated the FTC Act’s Section 5 bar on “unfair” acts or practices because of its allegedly inadequate data security practices, an administrative law judge overseeing the FTC’s administrative action against LabMD recently issued two […]
Legislation
Iowa Updates Data Breach Notification Law to Add Paper Records, AG Notice Requirement
Iowa Governor Terry Brandstad has signed Senate File 2259, an act modifying provisions applicable to personal information security breach notification requirements. Iowa’s law will now require notice of breaches of unauthorized acquisition of information that is on paper (in addition to computerized data) and to require notice to the consumer protection division of the state […]
District Court Denies Wyndham Motion to Dismiss and Supports FTC’s Authority in Data Breach Cases
In Federal Trade Commission v. Wyndham Worldwide Corp., et al., No. 13-cv-01887-ES-JAD (D.N.J. Apr. 7, 2014), Judge Esther Salas of the U.S. District Court for the District of New Jersey denied Wyndham’s request for dismissal of the FTC’s lawsuit against the hotel resort chain as a result of getting hacked.* Wyndham had challenged the FTC’s […]
Kim Peretti to Speak at Georgetown Law’s Cybersecurity Law Institute
Kim Peretti, co-chair of the firm’s Security Incident Management & Response Team, will be a featured speaker during the second annual Cybersecurity Law Institute sponsored by the Georgetown University Law Center. Cybersecurity continues to stay in the news in 2014 as the White House calls for a “Consumer Privacy Bill of Rights” for the digital age. What […]
Northern District of California to Decide in the In re Hulu Privacy Litigation Whether Disclosing Anonymized Data to a Web Analytics Company and Use of the Facebook “Like” Button Violate the Video Privacy Protection Act
Any company that has a website that (a) contains videos, (b) uses a third-party analytics company to maintain metrics on page views and/or (c) allows users to “like” videos on the site should pay very close attention to the In re Hulu Privacy Litigation pending in the United States District Court of Northern California. In […]