Privacy Bounty Hunters, Part I: The Risks Are Real

As I’ve written previously, if you sell anything online, it’s not a question of if—it’s when privacy bounty hunters will comes calling, accusing your company of violating anti-wiretapping or privacy laws. “The better part of valor is discretion,” as Shakespeare said, and now is the time to act. You can take proactive steps to reduce your risk,...

Privacy Redux Part I: Is It Time to Rethink Federal and State Privacy Laws?

Is it time for a privacy redux, to visit privacy anew to determine whether our legal system is doing something more than entangling honest companies in a costly web of superficial and ultimately meaningless requirements? I think so. I also think we need to act quickly before the regulatory cement begins to set and drags...

Children’s Privacy: Federal Regulations Are About To Change

Is Your Website “Directed to Children” Under 13? None of this matters unless you operate a website or provide an online service that is “directed to children” under the age of thirteen. Under COPPA, however, this is a holistic, i.e., mushy, question. And general businesses have gotten caught in the crosshairs. The FTC looks at...

David Bertoni Presents on Privacy Law at eTail Connect West 2023

On September 14, 2023, partner David Bertoni delivered a presentation on privacy law issues to the attendees of eTail West Connect 2023 in Los Angeles. Bertoni addressed the barrage of privacy issues facing eCommerce businesses, digital marketers, and other service providers. As set out in this handy checklist, these include: limiting the risk of class...

To Be Or Not To Be: Standing In Invasion of Privacy Cases

In the case of Frank v. Gaos, argued before the United States Supreme Court on October 31, 2018, oral argument took an unexpected turn, leading the Justices to direct the parties (and the Solicitor General) to brief the question of whether any named plaintiff had standing, i.e., whether they were in fact injured, in a...

Nevada Privacy Law Goes Into Effect October 1

What happens in Vegas, may now indeed need to stay in Vegas.  Although California’s sweeping new privacy law has dominated the headlines, other states are enacting their own, different privacy laws, and it’s important to understand the differences. Partner Stacy Stitham identifies some things we should know about the new Nevada privacy law.

EU-US Privacy Shield: What You Need To Know

On December 19, 2018, the European Commission published its second report on the EU-US Privacy Shield, under which companies can certify adequate compliance with EU privacy standards to be able to receive data from or concerning EU citizens.  If you obtain such data, we present an overview of what you should know about the EU-US Privacy...

Challenged Settlement Highlights Risk of Consumer Class Actions

The Seventh Circuit Court of Appeals recently heard oral argument on a challenge to a proposed class settlement in the case of Michael Rosman v. Radio Shack Corporation.  The lawsuit alleged that Radio Shack had violated the Fair and Accurate Credit Transactions Act (“FACT”), 15 U.S.C. §1681c(g), by printing the expiration date of the customer’s...