Third Circuit Affirms FTC’s Authority Over Data Security: Decision Underscores Need for Cyber Policies and Procedures
8/27/15
By: David Cole
This week, the U.S. Court of Appeals for the Third Circuit released its much-anticipated decision in Federal Trade Commission v. Wyndham Worldwide Corporation, unanimously upholding the FTC’s authority to regulate businesses’ data security practices under Section …
Petitioners Submit Statements of Issues in Appeal of FCC’s TCPA Ruling
8/20/15
By: Matt Foree
As reported previously, the Federal Communications Commission (FCC) issued its Declaratory Ruling and Order (Order) regarding the Telephone Consumer Protection Act (TCPA) on July 10, 2015. That ruling was immediately appealed by several business organizations …
FMG Cyber Toolkit Now Available to Help Prevent Data Breaches and Reduce Costs
7/31/15
By: David Cole
FMG is pleased to announce the availability of a new FMG Data Breach Toolkit. The toolkit consists of policy and form documents intended to provide your organization with everything it needs from a document standpoint to help …
MasterCard and Target’s Settlement Agreement Falls Through
6/4/15
By: Dave Cole
The proposed $19 million settlement between MasterCard and Target over the 2013 data breach has fallen through after not enough banks accepted the deal. Under the settlement announced last month, Target agreed to set aside $19 …
DOJ Issues Guidance for Best Practices Before, During, and After a Data Breach
5/19/15
By David Cole
In response to the increasing number of data breaches around the county, and the public attention being given to them, the Department of Justice (DOJ) recently issued a guidance document intended to help organizations prepare for and …
FCC Commissioner Reiterates Need for FCC to Address TCPA Issues
4/9/15
By: Matthew N. Foree
Michael O’Rielly, the Commissioner of the Federal Communications Commission (FCC) addressed the Association of National Advertisers (ANA) last week. During his remarks, he discussed litigation under the Telephone Consumer Protection Act (TCPA), which he described as …
Virginia Joins List of States Limiting Employer Access to Social Media Accounts
4/9/15
By: David A. Cole
Recently, Virginia enacted a new law that limits employer access to personal social media accounts of employees and job applicants. The law, which takes effect on July 1, 2015, prohibits employers in Virginia from requiring a …
US Supreme Court Rules TCA Requires Timely Written Reasons for Denial of a Cell Tower Permit
1/16/15
By: Kevin Stone and Dana Maine
Earlier this week, the United States Supreme Court, in T-Mobile South, LLC v. City of Roswell, Georgia, clarified the rules for what a local government must do when it denies an application …
Court Hears Oral Argument in Closely-Watched Yelp Defamation Case
11/14/14
By Matt N. Foree
Business owners and free speech advocates are anxiously awaiting a Virginia Supreme Court ruling in the Yelp, Inc., v. Hadeed Carpet Cleaning defamation case. In this matter, the owner of a carpet cleaning company …
FINRA Continues Push for Massive, All-Encompassing Securities Transaction Database
10/10/14
By: John H. Goselin, II
On September 30, 2014, FINRA issued NTM 14-37 which updated FINRA’s December 2013 proposal (see NTM 13-42 )to develop the Comprehensive Automated Risk Data System (CARDS). FINRA proposes to compile a database that tracks …
Search and Seizure in the Digital Age: Eleventh Circuit to (Re)consider Whether Cell Tower Data is Protected by the Fourth Amendment
9/18/14
By: Mark A. Begnaud
On September 4, 2014, the Eleventh Circuit Court of Appeals voted to rehear the case of United States v. Quartavious Davis en banc. In the original opinion, the Court found that all cell-site data is …
A Solution to Medical Professional Texting And HIPAA Compliance
8/26/14
By: J. Scott Rees
Everyone texts today – your kids, your friends, your doctors. With electronic health records (EHR) going from a trend to the mandated standard, digital and electronic technologies have become fully integrated into nearly every aspect …