The Bottom Line A patchwork of state, federal and international rules impose data breach notification obligations on companies.Every company subject to these rules must have a data breach response plan in place that complies with each state's requirements. Once it becomes law, a bill passed Continue Reading
What We Can Learn from the FTC’s 2017 Privacy and Data Security Update
The Bottom Line The FTC exercises broad reach over privacy and data security issues across numerous industries. The Report shows a continuing trend towards more enforcement actions and increased penalties. All companies should review their privacy and data practices to confirm that they are in Continue Reading
NCAA Obtains Injunction Over “March Madness” and “Final Four” Trademarks
The Bottom Line The NCAA has a history of diligently monitoring "Final Four," "March Madness" and other trademarks connected to the Division I Men's Basketball Tournament, and will be quick to act on unauthorized uses, especially when used to market or promote third-party products. Although Continue Reading
With GDPR Deadline Looming, Ad Tech Community Proposes Collaborative Industry Solution
The Bottom Line Ad tech companies, and all other businesses subject to the GDPR, are facing an imminent compliance deadline. Companies may be able to seek GDPR-compliant solutions through their own internal initiatives, using third-party services or collaborating with others in the Continue Reading
Take Compliance Seriously When Hiring Domestic Employees in New York
The Bottom Line The potential penalties and damages for failing to comply with the many legal requirements for hiring domestic staff serve as a reminder that, while employers may develop a great relationship with a domestic employee, things can always go sour later. When they do, the downside can Continue Reading
FCC Proposes $13.3M Fine Against Sinclair Broadcast Group for Apparently Violating Sponsorship Identification Rules
The Bottom Line The FCC's enforcement action against Sinclair for apparent failure to disclose sponsorship identification resulted in a record-setting proposed fine. This is part of a larger, recent trend by regulators ensuring that relevant material information is disclosed to consumers in an Continue Reading
DOL Updates Test for Unpaid Interns and Students Under the FLSA
The Bottom Line The DOL will now rely on the "primary beneficiary" test when determining whether interns are eligible for minimum wage and overtime pay. This is good news for employers who want to establish internship programs without running afoul of the FLSA, and also gives employers more Continue Reading
No Harm, No Foul? Individualized Consent Issues Sink TCPA Class Action
The Bottom Line The Northern District of Illinois' practical approach to analyzing whether lack of consent gives rise to actionable harm under the TCPA, and whether this issue can truly be determined on a class-wide basis, may represent a significant victory for businesses that rely heavily on Continue Reading
Behavioral Advertising Developments: A Compliance Warning and an Enforcement Action
The Bottom Line Companies engaged in IBA should pay particular attention to two recent compliance developments regarding the enhanced notice in video ads and the new cross-device guidance.As advertising retargeting methods and media continue to evolve, companies must always consider at the outset Continue Reading
FTC Announces First COPPA Action Involving Connected Toys
The Bottom Line As the first COPPA case involving connected toys, the FTC's settlement with VTech should be a reminder to all companies that they must fully comply with COPPA and must take reasonable steps to protect sensitive data, particularly any data collected from children. In addition, Continue Reading