Over the last few years, we have seen a number of common themes and concepts run through privacy cases and legislation. We have seen plaintiffs struggle with surviving motions to dismiss because they failed to properly allege an injury. Likewise, we have… Continue Reading →
Discussions on privacy laws have taken front and center in recent weeks as European Union (EU) member states begin enforcing the General Data Protection Regulation (“GDPR”) on May 25, 2018. As we have been discussing for a while, there is… Continue Reading →
Data collectors have been struggling with the fact that they may be storing data that is subject to various local, state, and federal laws and regulations. Not to mention the fact that data collectors will soon need to also make sure… Continue Reading →
The March 26, 2018 decision in Hopper v. Schletter Inc., 17-cv-01, 2018 WL 1472485 (W.D. North Carolina 2018) leaves no question that courts are now prepared to hold employers liable if they disclose their employees’ information by mistake. And, if… Continue Reading →
Tax season is quickly becoming peak season for cyber and data incidents. As seen during every recent tax season, last January the IRS issued warnings about fraudulent inducement scams where a corporate officer’s name is used to fraudulently request employee… Continue Reading →
Cyber criminals’ entire business model is based on developing threats faster than the public can develop safeguards. Privacy laws are fast becoming the first place data collectors look for guidance when they have suffered a cyber attack. Unfortunately, the legislatures… Continue Reading →
Last week, toymaker Mattel announced that it was not moving forward with its Aristotle product, which has been described as a “kid-focused smart hub.” The device was an artificial intelligence babysitter that could “switch on a night light to soothe a crying baby… Continue Reading →
For many years, governmental bodies and some commercial companies have had a responsibility to provide information conveniently to the public. Specifically, under Open Records Acts, Freedom of Information Action requests and other similar requirements, many governmental bodies have to provide… Continue Reading →
As courts and legislatures around the country struggle with issues related to data breaches, cyber, technology and privacy, they are finding a lack of standards to guide them through their struggles. Of course, a court may struggle to determine whether a duty… Continue Reading →
On June 27, 2017, the law firm DLA Piper (“law firm”) found itself to be one of many of targets of a recent global cyber attack. The attack reportedly did not compromise any client data. Reports indicate that, even though email… Continue Reading →
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