New SEC Guidance Addresses Disclosure Requirements for Breach Events

As the SEC has made clear on numerous occasions over the past year, cybersecurity will continue to be a major enforcement priority under the Commission’s new leadership.  As we have previously covered, one new area of potential enforcement activity that the SEC has warned about concerns the failure of public companies to make disclosures regarding material cyber events.  While the SEC had previously provided some guidance to publicly traded companies about when to disclose such events,… More

States Continue to Upgrade Data Privacy Laws – A Look at North Carolina

A recent Security Breach Report published by the North Carolina Attorney General’s Office provides a snapshot of the various data security threats currently riling the state’s public and private sectors.  Since 2006, the year North Carolina businesses and government entities became statutorily obligated to report breaches to the Attorney General’s Office, reported data breaches have skyrocketed from 86 to over one thousand.  In turn,… More

Presentation: Partners Colin Zick and Catherine Muyl Discuss Getting Real About GDPR for MassTLC CISO Roundtable

Partners Colin Zick and Catherine Muyl joined the MassTLC’s CISO and CTO Peer Group Meeting this week to discuss the General Data Protection Regulation. Click here to download the presentation, which focused on setting security strategies and new obligations starting in May 2018. More

Schrems v. Facebook: The Show Must Go On In Vienna, But Now As A One-Man Show

Recently, Austrian privacy activist Maximilian Schrems won a partial victory in his continuing battles with Facebook. We discuss that case below. But first, we review his prior tilts with Facebook.

Schrems in Ireland’s Courts

When Schrems was a college student, he heard a Facebook representative at a conference talk about European privacy rules with a lack of consideration that shocked him. Since then, Schrems has been fighting Facebook on many fronts.… More

Changes Afoot at the FTC – A New Slate of Commissioners

In the United States, the Federal Trade Commission has long been the trend-setter for what constitutes reasonable behavior in protecting data privacy.  It does so through its broad Section 5 authority, which federal courts have held allows the FTC to regulate the data privacy space, but the breadth of which is under challenge.  With news that the Trump Administration has nominated a slate of four new Commissioners to head the agency — among them, anti-trust lawyers with private practice backgrounds — privacy enforcement at the federal level seems poised to change.  Unfortunately, predictions remain difficult, especially about the future (and especially with regard to privacy):  these nominees do not have a long privacy track record, affording us few tea leaves to read.  I spoke with Law360 about what we might expect; you can read my comments here.

What IP Practitioners Should Know About GDPR And Personal Data Protection In Europe

In the European Union (“EU”), “everyone has the right to the protection of personal data concerning him or her” under the Charter of Fundamental Rights. Intellectual property is also protected as a fundamental right under the Charter, as is freedom of speech. These rights can sometimes conflict. In two previous posts on cases about linking to Playboy pictures and the inspiration for Jeff Koons’ sculptures,… More

Partner Colin Zick Speaks to Bloomberg BNA about Cyberthreats and Healthcare Data

Reproduced with permission from Bloomberg Law: Privacy & Data Security, (Jan. 18, 2018). Copyright 2018 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

By James Swann

The federal government has identified two new cyberthreats that put patients’ personal data at risk for exposure.

The threats, known as Spectre and Meltdown, exploit a vulnerability in many commercial computer chips underpinning health-care computer networks,… More

Partners Colin Zick and Catherine Muyl to Participate in MassTLC Event Focused on GDPR

Partners Colin Zick and Catherine Muyl will join MassTLC’s CISO and CTO Peer Group Meeting on Tuesday, February 6 to discuss the General Data Protection Regulation.

The fast approaching deadline to comply with GDPR is only months away. There are checklists and guidelines to help companies meet these new regulations, but realistically what must companies prioritize, how do you create these new protocols in your company,… More

Massachusetts Securities Division Files First Complaint Related to Initial Coin Offering

On January 17, 2018, the Massachusetts Securities Division Enforcement Section filed a complaint against the company Caviar and its founder Kirill Bensonoff for violations of the Massachusetts Uniform Securities Act in connection with an ongoing initial coin offering (ICO).

This is Secretary of the Commonwealth William F. Galvin’s first enforcement action related to an ICO. Last month, Secretary Galvin announced that the Massachusetts Securities Division would conduct a sweep of Massachusetts entities engaged in ICOs.… More

The Many Faces of Google’s Arts & Culture App (Except in Illinois and Texas)

Those of our readers who frequent social media may have noticed a newly-popular juxtaposition between selfies and art (or perhaps one should say between selfies and other forms of art)—a feature in the Google Arts & Culture app that matches a user’s selfie to a portrait in Google’s database.

But not every aspiring selfie artist can compare their work with that of the great painters of yesteryear. … More