Privacy & Cybersecurity

The Supreme Court on Tuesday will hear arguments in United States v. Microsoft Corp., in which the court will decide whether a US technology service provider, Microsoft, must obey a search warrant for data stored in a foreign country.

Mintz Levin Benefits attorney Patricia Moran recently authored an article for  the Society for Human Resources Management's latest publication describing the cybersecurity risks involved with 401(k) Plan sponsorship.

We've discussed privacy compliance with regulations, legal requirements, etc. in the space since this blog's inception. "Privacy by design" - while not a new concept - is certainly enjoying a new spot in the sunshine thanks to the European Union's General Data Protection Regulation ("GDPR") (93 days and counting...) and its codification of "privacy by design and default" in Article 25.

When a business is faced with a TCPA or a privacy class action, getting rid of the lawsuit is its number one priority. This is why it is important to entrust the case to highly experienced counsel, well versed in defending class actions. Together, the lawyers and the clients can work on developing the best approach for defending against TCPA allegations. The strategy varies widely, depending on the merits of the case and whether the plaintiff and their lawyers are open to an early and reasonable settlement. In many such cases, however, an early offer of judgment (a “Rule 68” offer) should continue to be a part of the case strategy from its early stage.

The Federal Communications Commission’s November 16, 2017 Report and Order aimed at combatting unlawful robocalls was published in the Federal Register on January 12, 2018 and becomes effective on February 12, 2018. More details on the Report and Order and Further Notice of Proposed Rulemaking (“FNPRM”) can be found in our November TCPA Digest.

If your company is one of the broad group of businesses licensed by the New York Department of Financial Services (NY DFS), a very important deadline is bearing down on February 15. Regulated entities have under Thursday to attest to their compliance with the first-in-the-U.S. cybersecurity regulations (details and links are in blog post below). 

In case you had not heard, the European Union is replacing its current privacy laws with a new, comprehensive General Data Protection Regulation (GDPR), which takes effect May 25, 2018.

The U.S. Supreme Court heard oral arguments in what may become one of the defining consumer privacy cases of our generation. The central question in Carpenter v. United States asks whether the government violates the Fourth Amendment by accessing an individual’s historical cell phone locations records without a warrant.

The European Commission has launched a new data protection website aimed at educating the public and helping businesses and other organizations comply with their new obligations under the General Data Protection Regulation.

Recently, there has been a lot of discussion regarding the Spectre and Meltdown vulnerabilities. This alert provides a simple overview of what these vulnerabilities are, what systems could be affected, as well as steps that companies can take to reduce the risks that these vulnerabilities create.

The European Union is replacing its current privacy laws with a new, comprehensive General Data Protection Regulation (GDPR), which takes effect May 25, 2018. The essential principles of the EU’s privacy laws are unchanged, but the new Regulation imposes many new obligations on many more entities – all backed up by fines modeled on European antitrust laws.

Kohl’s Department Stores Inc. was recently successful in obtaining dismissal of a Telephone Consumer Protection Act (TCPA) Class Action Complaint filed against it by Amy Viggiano. The reason? Because Ms. Viggiano failed to properly opt-out of receiving text messages.

Happy 2018. You may notice a new widget in the right sidebar of our home page. Now you have a reminder as to just how close we are to the GDPR D-Day. GDPR is real. GDPR is here.

This month’s issue examines four recent rulings from Seventh Circuit trial courts regarding an FCC rule under the TCPA that mandates opt-out language on solicited faxes, or those sent with the recipient’s consent.

One of the most striking changes to EU privacy law under the EU’s General Data Protection Regulation (which goes into effect May 25, 2018) is the very strict approach to user consent.

Biometric data is a hotbed of activity these days. We've discussed the frenetic pace at which class actions are being filed in Illinois under the Biometric Information Privacy Act. 

The National Association of Insurance Commissioners (NAIC) has approved its draft of the Insurance Data Security Model Law (Model Law) via a meeting of its Executive and Plenary Committees. 

As we near the end of a year that has seen more than its share of massive data breaches, two bills have been introduced (one re-introduced) in the U.S. Senate. 

Since last September, the Mintz Levin Privacy Webinar Series has focused on the upcoming EU General Data Protection Regulation (GDPR) to help businesses understand the reach and scope of the GDPR and prepare for the potentially game-changing privacy regulation.

Recently proposed legislation in Ohio could provide businesses with special protection from lawsuits in the event of a hack under certain circumstances. Senate Bill 220 would shelter businesses that have been proactive in instituting defenses to guard against data breaches.