By Jay L. Levine on Bob Morgan, our colleague at Technology Law Source, shares detail about the upcoming Digital Millennium Copyright Act (DCMA) agent filing change that takes effect Dec. 31. This agent filing is a necessary element of the Digital Millennium Copyright Act (DMCA) safe harbor provision (Title II of the DMCA (the Online Copyright Infringement Liability Limitation Act)) — an Act which … Continue Reading
By Jay L. Levine on The latest cyberattack making the news (and some say the largest to date) is the “Wannacry” ransomware. The ransomware looks for computers containing an operating system vulnerability in the Microsoft Windows platform and then appears to infect computers… without a single click required. My colleague, Brian Hall, outlines the risks employers may face when dealing with cyberattacks — as well as how human … Continue Reading
By Porter Wright on If you have not yet developed a data breach response plan, the FTC has stepped in to help. The FTC has prepared a guide, a short video and a corresponding segment on its business blog to help businesses prepare for data breach events. The guide and video provide key considerations, including having your computer forensic … Continue Reading
By Jay L. Levine on Matt Curtin and Jay continue their discussion of data breaches and cyber security focusing on how to construct an incident response plan and why having more data is not always better.… Continue Reading
By Jay L. Levine on Porter Wright’s Jay Levine and Matt Curtin of Interhack discuss how companies can plan for data breaches and how knowing what you don’t know is important.… Continue Reading
By Jay L. Levine on How does the political climate adapt to the ever-changing way people consume media? Phil Rist of Prosper Business Development joins Jay in a conversation about how things have changed since the last presidential election and how politicians need to adapt to the new way of presenting their message.… Continue Reading
By Jay L. Levine on Jay is once again accompanied by Phil Rist, executive vice president of Prosper Business Development, to discuss how the data analytics community is growing, what’s needed to get into the business and how once separate industries are coming together to provide better customer experiences.… Continue Reading
By Jay L. Levine and Porter Wright on Concluding our privacy matters series, Ryan Graham discusses recent class actions and gives an industry update.… Continue Reading
By Jay L. Levine on In a move the surprised no one, the Federal Trade Commission (FTC) reversed the decision of its own Administrative Law Judge (ALJ) and held that LabMD’s “data security practices constitute an unfair act or practice within the meaning of Section 5 of the FTC Act.” There are two noteworthy aspects to the opinion. First, if … Continue Reading
By Jay L. Levine and Porter Wright on Continuing with part two of this three-part series about privacy and data security, Ana Crawford gives an update on which federal agencies and states are dipping their toes in the data protection arena.… Continue Reading
By Jay L. Levine and Porter Wright on In this three-part series, Jay speaks with attorneys across Porter Wright’s departments and practices about privacy and data security. Today’s podcast begins with Christina Hultsch who talks about the options available for European Union companies to transfer data.… Continue Reading
By Jay L. Levine and Porter Wright on What happens if your personally identifiable information is stolen, but no harm has come to you…yet? Do the eyes of the court feel that simply the fear of harm warrants relief? Jay and Ryan Graham discuss the differing decisions to date and how things may evolve in the future.… Continue Reading
By Porter Wright on Continuing our series on the 2016 Spring Meeting, Ryan Graham, an associate in the Antitrust Group and former analyst with the FBI’s Cyber Division, summarizes the panelists’ thoughts on the FTC’s future focus as it relates to privacy and data security. Privacy and data security lawyers would love to know what initiatives the Federal Trade … Continue Reading
By Jay L. Levine on In defending against a class action case where patient information was found online for months without being secured, the insurance company was found to have a duty to defend the defendant, who held an insurance policy that covered the publication of patient information. The case, Travelers Indemnity vs. Portal Healthcare, is important because it’s one … Continue Reading
By Jay L. Levine on In our last installment of the big data podcast series (listen to part one and part two), Jay and Phil discuss how companies deal with data breaches. They talk about how consumer trust is vital and how customers may prepare in advance for these breaches. Finally, Phil shares three tips when it comes to using … Continue Reading
By Jay L. Levine on Continuing their conversation regarding big data, Phil and Jay discuss what companies should be doing with big data, how to figure out whether they are using it correctly and if there is a better way of doing it. How do companies place value on their data to make financial decisions?… Continue Reading
By Jay L. Levine on In part one of this three-part series, Jay talks with Phil Rist, executive vice president of Prosper Business Development, about how his company collects big data and utilizes it to detect trends that aid his clients in developing their strategic plans. Phil discusses how his company not only takes data available from the federal government, … Continue Reading
By Jay L. Levine and Porter Wright on Data breaches in health care can be the most devastating, both to the consumers whose personally identifiable information was exposed, but also to the institutions that possessed this sensitive data. In this podcast Jay and Christina Hultsch review the various issues surrounding such data breaches, including when to review data security policies, how to prepare … Continue Reading
By Jay L. Levine and Porter Wright on In a long awaited decision, the FTC’s chief administrative law judge (ALJ) ruled against FTC staff and held that LabMD did not violate Section 5 of the FTC Act by not reasonably securing customer data. The basis for the decision was that staff could not prove that customers would suffer “substantial injury” from LabMD’s data … Continue Reading
By Jay L. Levine and Porter Wright on So what did the Third Circuit hold in FTC vs. Wyndham and what does the decision really mean? Jay and Ryan continue their discussion of the Third Circuit’s decision and give you some key takeaways on what this means for companies that collect personally identifiable information.… Continue Reading
By Jay L. Levine and Porter Wright on In part one of this two part series, Jay is joined by Ryan Graham, a colleague at Porter Wright and former FBI analyst, to discuss the Third Circuit’s decision in FTC vs. Wyndham. Ryan and Jay discuss generally the various agencies who have authority over data security and the challenges facing companies who have experienced … Continue Reading
By Porter Wright on The Third Circuit’s recent ruling in FTC v. Wyndham Worldwide Corp., No. 14-3514 (3rd Cir. Aug. 24, 2015) marks a watershed moment in the ongoing saga of Wyndham Worldwide Corporation’s (Wyndham) data breach litigation. Prior to this decision, federal cyber security regulation has existed in the legal badlands, with the Federal Trade Commission (FTC), the … Continue Reading
By Jay L. Levine on Data breaches are messy stuff, no doubt about that. They consume a huge amount of corporate resources, damage a company’s goodwill and can cost a lot of money. No real news there. And while the technological challenges in preventing, and responding to, data breaches are ever-changing – fueling the booming cybersecurity industry – the corporate … Continue Reading
By Jay L. Levine and Porter Wright on A little over a year ago we wrote to discuss the FTC’s Order against Aaron’s, one of the country’s largest rent-to-own (“RTO”) stores, charging that its franchisees were spying on its customers. Well, the inevitable follow-on class actions were filed and recently, in Byrd v. Aaron’s Inc., — F.3d –, 2015 U.S. App. LEXIS 6190 … Continue Reading