The U.S. Court of Appeals for the 2nd Circuit recently upheld a district court decision dismissing a putative class action filed by two plaintiffs against the maker of the NBA2K videogame series. The plaintiffs alleged five violations of the Illinois Biometric Information Privacy Act (BIPA). The district court dismissed plaintiffs’ claims for lack of Article III standing, and the plaintiffs appealed.
Privacy and Data Security Litigation
Ninth Circuit Revisits Spokeo and Holds that Violations of the FCRA Can Establish Standing to Sue Under Title III
The United States Supreme Court opinion in Spokeo (“Spokeo II) was viewed as a major decision in cybersecurity litigation. We at Mckenna Storer addressed the importance of that decision in this space in “No Harm, No Foul: Why Spokeo v. Robins is a Win for Data Privacy Defendants”. The results following that decision have been […]
FTC Updates COPPA Compliance Plan to Include Internet-Connected Toys
The Federal Trade Commission (FTC) recently updated its COPPA Compliance Plan for businesses. The Children’s Online Privacy Protection Act (COPPA) protects the privacy of children using websites and online services. Operators of websites and online services that collect personal information from kids under age 13 are covered by the Act. Failure to comply with COPPA […]
LEGISLATIVE UPDATE: NEW MEXICO ADDS DATA BREACH NOTIFICATION LAW
New Mexico recently became the 48th state to enact a data breach notification law. On April 6, 2017, Governor Susana Martinez signed H.B. 15, New Mexico’s “Data Breach Notification Act” (the Act), into law. Currently, Alabama and South Dakota are the only states without a data breach notification law. The effective date of New Mexico’s […]
7 Steps for E-Mail Marketing CAN-SPAM Compliance
E-mail marketing is a key component of most digital marketing strategies. One study measured the return on investment for e-mail marketing at 28.5% compared to 7% for direct mail. According to a different study by McKensey, the average order value is three times higher for e-mail marketing than for social media. Considering these statistics, along […]
Maintaining Attorney-Client Privilege During Data Breach Response
There are many steps that a company should take to prepare for a data breach. As , one of the most important steps is to hire outside legal counsel. Not only will outside legal counsel advise the company how to comply with applicable legal requirements, but establishing a relationship with outside legal counsel will allow […]
Five Data Privacy Trends for 2017
As we begin the new year, it is important to look ahead at the privacy and data security issues that will impact businesses in 2017.
Three Ways Your Business May Respond to a Data Breach: FTC Issues Guidance for Data Privacy Breach Response
The Federal Trade Commission (FTC) recently released data breach response guidance for businesses. Data security has become an increasingly important issue to businesses of all sizes, so the FTC has tried to provide guidance in this area.
BYOD: Creating a BYOD Policy for Your Business
Drafting and maintaining a “Bring Your Own Device” (BYOD) policy is now a necessary component of any company’s privacy program. Advances in technology have provided employees the opportunity to use their own devices for work-related purposes. Now, a parent can use his/her personal laptop to remotely access a company computer while taking care of a […]
Should You Move Your Business to the Cloud?
Cloud computing is available to everyone in various forms. As individuals we put our photos and music in the cloud and businesses can use the cloud for various functions including storing data and information. Cloud computing offers many benefits to businesses, but there are cyber liability and privacy and data security risks that come with […]