Featured Articles

Justice Roberts: "This Isn't Personal, and Neither Are Your Corporate Records"

Kevin Khurana
March 02, 2011 03:37

In a unanimous decision on March 1, 2011, the Supreme Court held in Federal Communications Commission v. AT&T Inc. that corporations do not have personal privacy rights under the Freedom of Information Act (FOIA), reversing a 2009 Third Circuit decision (which we blogged about...

DC Court Sides with the ABA - No Red Flag Rules for Lawyers

Kristen J. Mathews
October 30, 2009 15:47

The U.S. District Court for the District of Columbia has ruled that the Federal Trade Commission's Red Flags Rules cannot be enforced against lawyers, saying that the FTC's interpretation of the Fair and Accurate Credit Transactions Act overreaches, and its application to lawyers is unreasonable....

European Privacy Law And Social Networking

Cecile Martin
July 07, 2009 13:31

  With social networking sites proliferating across international boundaries, privacy and data protection concerns are becoming increasingly relevant. With these concerns in mind, the Article 29 Working Party, an independent European advisory body on data protection and privacy, adopted...

Netflix Sued for "Largest Voluntary Privacy Breach To Date"

December 28, 2009 19:45

On December 17, 2009, a class action suit was filed against online movie rental giant, Netflix, Inc., in the United States District Court for the Northern District of California. Plaintiffs in the suit are claiming that Netflix has “perpetrated the largest voluntary privacy breach to...

Consent to Cookies? Who Wouldn't?

Kristen J. Mathews
December 04, 2009 16:53

If the European Commission has anything to say about it, starting about 18 months from now companies will have to start obtaining consent from Web site visitors to place cookies on their computers. Last week, the European Parliament approved amendments to Europe’s e-Privacy Directive (see...

Supreme Court of California Decision Upholds Promotional E-mail Sender's Method of Avoiding E-mail Filters

July 01, 2010 20:52

As a result of a recent Supreme Court of California decision, businesses may find it a little easier to send commercial e-mail advertisements. On June 21, 2010, the Supreme Court of California held that Vonage did not violate California law by sending commercial e-mail advertisements to...

E-Verify Litigation Resumes as Homeland Security Decides to Implement Mandatory Use Rule

Jeremy Mittman
July 22, 2009 21:19

In January 2009, we reported on the postponement of a controversial federal regulation resulting from a legal challenge filed by Proskauer Rose on behalf of several trade organizations, including the U.S. Chamber of Commerce. The rule, the result of an executive order signed by then-President...

Maine Makes Marketing Minors "Predatory"

Kristen J. Mathews
August 07, 2009 12:36

In mid-September, Maine’s “Act to Prevent Predatory Marketing Practices against Minors” is scheduled to take effect.  Due to the lack of a scienter element in several of the requirements of this new law, this Act could have far-reaching consequences for all businesses that...

Recent Articles

Google's New Privacy Policy Being Scrutinized by the French Data Protection Authority

March 12, 2012 20:10

Google launched a new privacy policy that took effect on March 1st, 2012. According to Google, the purpose of revising its privacy policy was to unify into one single privacy policy more than 60 different privacy policies across its wide array of products and services. The Article 29 Working...

Data Breach Case Research Paper Sheds Light

Kristen J. Mathews
March 01, 2012 03:57

In a draft research paper titled "Empirical Analysis of Data Breach Litigation", three prominent scholars have collected and analyzed a sample of over 230 federal data breach lawsuits in order to deduce just what makes them tick. Romanosky, Hoffman and Acquisti examined, for example, what...