Mar 15, 2019

FTC Imposes Record COPPA Fine

Children at computers: COPPA establishes basic online privacy protections for children under the age of 13

Continuing its aggressive approach to the enforcement of privacy law violations, the FTC last week imposed on Musical.ly, Inc., the operator of the popular TikTok app (formerly called Musical.ly), a record-setting fine of $5.7 million for the company’s violations of the Children’s Online Privacy Protection Act (“COPPA”). COPPA establishes basic online privacy protections for children… Read more


Nov 7, 2018

Breaking News: Post-Election IRS Issues Final ACA Rule Regarding Religious Exemptions

ACA Affordable Care Act

The IRS has just released new final regulations regarding religious exemptions and accommodations from the contraceptive coverage mandate of the Affordable Care Act (ACA). The rule, to be officially published on November 15th, currently in unpublished form, is available here. This final rule, released post-midterm elections, will provide a way forward for religious organizations that… Read more


Jun 7, 2018

Is Inadequate Data Security an Unfair Trade Practice?

Doctor's Office: Inadequate Data Security?

In LabMD, Inc. v. Federal Trade Commission, Case No. 16-16270 (decided June 6, 2018) the United States Court of Appeals for the Eleventh Circuit addressed the enforcement of an FTC order finding that a business’s allegedly inadequate data security practices were unfair trade practices under Section 5(a) of the Federal Trade Commission Act. LabMD operated… Read more


Feb 6, 2018

EU-US Privacy Shield: Frequently Asked Questions

Data Transfer

What is the EU-U.S. Privacy Shield? The EU-U.S. Privacy Shield (the “Privacy Shield”) is a framework designed by the U.S. Department of Commerce and the European Commission to provide companies in the U.S. and in the EU with a means to comply with data protection laws and regulations when transferring personal data between the U.S…. Read more


Jan 30, 2018

General Data Protection Regulation: Frequently Asked Questions

GDPR Compliance

What is the General Data Protection Regulation? The General Data Protection Regulation (the “GDPR”) (Regulation (EU) 2016/679) is a European Union regulation intended to harmonize data privacy laws across Europe and increase data privacy protections for all European Union citizens.  The GDPR was approved by the European Council and Parliament on April 14, 2016 and… Read more


Jan 23, 2018

Cybersecurity in M&A Transactions: Frequently Asked Questions

Cybersecurity Handshake

1. What types of transactions implicate cybersecurity and data privacy concerns? Cybersecurity and data privacy concerns arise in many different types of M&A transactions, but greater focus on potential cybersecurity and data privacy issues should be directed toward transactions involving (a) a target company that operates in certain highly regulated industries, (b) the acquisition of… Read more


Aug 3, 2017

Recent Cyber Insurance Decision Rejects Claim for Computer Fraud

are you covered?

A federal judge in Michigan recently granted summary judgment to Travelers in American Tooling Center, Inc. v. Travelers Casualty and Surety Company of America, Case No. 16-12108, United States District Court, Eastern District of Michigan.  That decision interpreted the “computer fraud” provision of Travelers’ insurance policy, finding no coverage for the insured for the losses… Read more


Jun 20, 2017

A Primer on the EU’s General Data Protection Regulation

Data Protection

Overview Over four years in the making, the General Data Protection Regulation (the “GDPR”) was approved by the European Council and Parliament on April 14, 2016 and will come into force beginning on May 25, 2018. In the wake of ever-increasing cyber security and data privacy threats across the globe, the GDPR is intended to… Read more


Apr 23, 2015

FTC Tracking Company Settlement Highlights Importance of Keeping Privacy Promises

By Brett Lockwood It has long been the Federal Trade Commission’s (FTC) position that if you make a privacy promise to consumers you should expect to be held to that promise.  The FTC’s complaint and its proposed settlement, announced on April 23, 2015, with Nomi Technologies, Inc. (Nomi) highlights this. Nomi’s tracking applications allow retailers to… Read more


Apr 16, 2015

2015 Verizon Data Breach Investigations Report Released

By Brett Lockwood Earlier this week, Verizon released its annual Data Breach Investigations Report (DBIR) for 2015.  In the DBIR, Verizon, along with about 70 contributing organizations, presents an extensive survey and analysis of patterns and lessons from significant data breaches over the prior year.  While the 2015 DBIR offers a broad range of data… Read more