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 …
Employer Beware: BYOD and the Remote Data Wipe
8/13/14
By: Kacie L. Manisco
A growing number of companies have implemented Bring Your Own Device (BYOD) programs that allow employees to use their own phones and devices for both business and personal activities. Such programs benefit employers and employees alike, …
VISA Issues Security Alert Due to Increased Data Breaches Caused by Insecure Remote Access
7/30/14
By: David Cole
When a merchant experiences a data breach involving credit card information, it is often required by the card brands to hire a Payment Card Industry Forensic Investigator (PFI). The PFI investigates the incident and then provides a …
Lessons from The eBay Data Breach
6/3/14
By: David Cole and Behnam Salehi
Earlier this month, eBay became the latest victim of a high-profile cyber-attack, following recent attacks on large businesses like Target and Adobe. The attack on eBay resulted in one of the biggest data breaches …