Google Browser Tracking Case Revived by Third Circuit
Posted on Nov 18, 2015 in Litigation | Comments Off on Google Browser Tracking Case Revived by Third Circuit
The Third Circuit federal appeals court revived a class action lawsuit against Google and certain of its advertisers for allegedly invading users’ privacy by secretly bypassing cookie blockers to enable advertisers to target potential customers. On Nov. 10, the Third Circuit held that, under California’s privacy laws, the lawsuit could proceed to determine whether Google “intruded upon...
U.S. Court of Appeals Upholds FTC’s Authority to Regulate Cybersecurity
Posted on Aug 24, 2015 in Uncategorized | Comments Off on U.S. Court of Appeals Upholds FTC’s Authority to Regulate Cybersecurity
Today, 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 engaging in “unfair or deceptive acts or practices.” This case was an interlocutory appeal from...
FTC Releases Data Security Guidance
Posted on Jul 2, 2015 in Uncategorized | Comments Off on FTC Releases Data Security Guidance
The Federal Trade Commission (FTC) has released new guidance for businesses on cybersecurity. The “Start with Security” program is intended to help businesses protect consumer information through best practices for data security. The business guidance outlines 10 recommended steps for effective data security drawn from the FTC’s data breach enforcement cases. The 10 steps include...
White House Releases Proposed Consumer Privacy Bill of Rights
Posted on Mar 2, 2015 in Uncategorized | Comments Off on White House Releases Proposed Consumer Privacy Bill of Rights
The White House released a discussion draft of legislation on protecting consumer privacy. The proposed Consumer Privacy Bill of Rights Act of 2015, released on February 27, 2015, broadly defines “personal data” subject to the legislation’s requirements and sets forth standards for protecting consumer privacy. Among other things, the legislation would require businesses to provide...
Defending Against Director & Officer Litigation
Posted on Feb 19, 2015 in Uncategorized | Comments Off on Defending Against Director & Officer Litigation
One form of ancillary litigation that has arisen out of data breaches is shareholder derivative lawsuits against companies that suffer a data breach. In one recent case, Palkon v. Holmes, No. 2:14-cv-01234-SRC-CLW (D.N.J. Oct. 20, 2014), a court dismissed such a shareholder derivative action. The claims arose out of a series of data breaches against the Wyndham Worldwide hotel chain....
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