IP & Technology Law Trends
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Third Circuit Affirms FTC Enforcement Authority Over Cybersecurity Practices
Recently, the U.S. Court of Appeals for the Third Circuit ruled that the Federal Trade Commission (the “FTC”) may pursue a lawsuit against Wyndham Worldwide Corporation, a hotel and time-share operator, for “unfair and deceptive” cybersecurity practi...
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Update: Neiman Marcus Asks for En Banc Review of Recent Seventh Circuit Data-Breach Ruling
We recently wrote a post on this blog analyzing the Seventh Circuit’s ruling that the victims of a Neiman Marcus data breach could proceed with their claims against the retailer. We noted the significance of the decision because it allowed...
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Oregon Makes Significant Amendments to Its Data Breach Law, Including Expanding the Definition of “Personal Information”
On June 10, 2015, Oregon Governor Kate Brown signed into law a bill that significantly amends Oregon’s data breach notification law.
The amended law, which is effective January 1, 2016 (and applies to breaches occurring on and after that date), requi...
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Washington Amends Its Data Breach Law: What Do Washington Businesses (and Businesses Doing Business in Washington) Need to Know About the Changes?
In late April, Washington’s data-breach law was significantly amended. The changes go into effect July 31, 2015, and will change the law in the following seven ways:
Specific information (e.g., name and contact information of reporting person or bus...
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The Supreme Court Will Hear a Case with Potentially Massive Implications for Data-Breach Lawsuits
On Monday, the United States Supreme Court granted certiorari in a case that may lower the bar for plaintiffs in data-breach litigation. As reported by the Wall Street Journal, the Supreme Court is now set to determine whether a violation of federal...
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Implications for Businesses as Oregon Attorney General Fights for More Detailed Data Breach Notifications, and Increased Involvement in Data Breach Situations
As reported in an interview with The Privacy Advisor, Oregon Attorney General Ellen Rosenblum is seeking the following three changes to Oregon’s data breach notification law:
Mandatory reporting of data breaches to the AG’s office;
Enhanced enforcem...
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