Data Law Insights

Data Law Insights

Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery

Category Archives: Uncategorized

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Ninth Circuit Revives Data Breach Class Action, Finds Risk of Identity Theft Without Actual Harm Sufficient to Establish Standing

Posted in Uncategorized
Last week, the U.S. Court of Appeals for the Ninth Circuit revived a class action lawsuit related to a 2012 data breach, determining that the future risk of identity theft suffices to establish Article III standing, even where there has been no actual harm. At issue in the case, In re Zappos.com, was whether the… Continue Reading

Fourth Circuit Raises Bar for DMCA Safe Harbor Defense

Posted in Advertising & Product Risk Management, Cybersecurity / Data Security, Litigation, Uncategorized
Last Thursday, the Fourth Circuit decided a closely followed case on one of the safe harbor defenses under the Digital Millennium Copyright Act (DMCA). See BMG Rights Management (US) LLC v. Cox Communications, Inc., No. 16-1972 (4th Cir. Feb. 1, 2018). The court also addressed the intent standard for contributory copyright infringement. BMG, an owner… Continue Reading

FERC Proposes to Require Expanded Cyber Security Incident Reporting

Posted in Cybersecurity / Data Security, Data Breach, Government Agencies, Uncategorized
The Federal Energy Regulatory Commission (“FERC”) recently proposed that the North American Electric Reliability Corporation (“NERC”), which is responsible for promulgating and enforcing FERC-approved mandatory electric reliability standards, revise its Critical Infrastructure Protection (“CIP”) standards to require additional circumstances under which reporting of cybersecurity incidents is mandatory.   FERC’s goal is to enhance the awareness of… Continue Reading

Vizio Agrees to $2.2M Settlement Regarding Data Collection Practices

Posted in Government Agencies, Information Management, Internet of Things, Privacy, Uncategorized
Last week, the Federal Trade Commission (“FTC”) announced an agreement settling claims against a television manufacturer arising from the alleged unauthorized collection of television viewing data.  The FTC, along with the State of New Jersey, alleged that certain “smart TVs” manufactured and sold by VIZIO, Inc. and its subsidiary VIZIO Inscape Services (collectively, “VIZIO”) failed… Continue Reading