Author: Richard B. Newman

California Court Says Customer Lists Not a Trade Secret

The California Court of Appeal recently held that a non-solicitation of employee provision improperly impinged on the ability to freely engage in ... Read Article

Online Advertising and “Enhanced Notice”

A recent BBB opinion appears to be another harbinger of the direction that data privacy law is going.  Specifically, a decision by ... Read Article

Individualized Issues of Consent Result in TCPA Class Action Certification Denial

Class actions are designed to promote the efficiency of litigation by allowing the claims of a group of individuals with the same ... Read Article

New Cyber Security Laws Effective

On September 1, 2018, Colorado’s breach notification statute update became effective.  The legislation bolsters data privacy protections by requiring notice to Colorado ... Read Article

FTC Discusses the Intersection Between Privacy and Innovation

FTC Commissioner Noah Phillips recently spoke at the Internet Governance Forum in Washington, D.C. about potential negative consequences surrounding rapidly expanding national ... Read Article

FTC Testifies Before Congress About Combatting Payment Processors That Facilitate Fraud

On July 26, 2018, the Federal Trade Commission testified before the U.S. House Committee on Oversight and Government Reform Subcommittee on National ... Read Article

FTC Reiterates Privacy and Data Security Priorities

The Federal Trade Commission recently testified before the House Energy and Commerce Subcommittee about its work to protect consumers, promote competition, privacy ... Read Article

California Enacts GDPR-Like Privacy Changes

On the heels of Colorado’s new cybersecurity legislation, California has now announced that it has  enacted the California Consumer Privacy Act of ... Read Article

Vermont Enacts “Double Opt-In” Automatic Renewal Legislation

In anticipation of changes to California’s automatic renewal law (ARL) becoming effective next month, Vermont has now become the first state to ... Read Article

FTC Defense Lawyer on Colorado’s Cybersecurity Legislation

Colorado’s governor recently signed into law House Bill 18-1128.  It is effective September 1, 2018 and sets forth information security requirements for ... Read Article

California Bill Introduced That Would Further Restrict Commercial Email Advertising

An Assembly member recently introduced AB 2546, an author-sponsored bill that would amend California’s anti-SPAM legislation (CBPC § 17529.5).  The potential impact ... Read Article

Senators Propose Internet Privacy Bill That Threatens Digital Advertising

Earlier this month, Senators Richard Blumenthal and Ed Markey (D-MA) introduced new privacy legislation entitled the Customer Online Notification for Stopping Edge-provider ... Read Article

FTC Investigation and Enforcement Trends

Privacy and data security-related issues remain a hot-button subject and the parameters are still being defined by the FTC, as well as ... Read Article

The Story Behind $O FTC Settlements and Suspended Judgments

It is a phrase you see or hear attorneys make when describing FTC settlements:  “The order includes a suspended judgment.” The Federal ... Read Article

SCOTUS to Hear Internet Sales Tax Case

The U.S. Supreme Court has agreed to hear an appeal by South Dakota of high-court precedent dating back to the pre-internet era.  ... Read Article
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