Data Privacy Monitor

Data Privacy Monitor

Commentary on Data Privacy & Information Security Subjects

Category Archives: Miscellaneous

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Partner Randy Gainer Named to National Law Journal’s Inaugural List of IP Trailblazers and Pioneers

Posted in Miscellaneous
BakerHostetler’s Renowned Privacy and Data Protection Team Scores Big Again BakerHostetler Partner and Privacy and Data Protection team member Randy Gainer has been recognized in The National Law Journal’s inaugural list of “50 Intellectual Property Trailblazers and Pioneers.” His selection adds to the host of recognitions the practice and its attorneys have received as it … Continue Reading

Industry Thought Leader Tanya Forsheit Joins BakerHostetler’s Nationally Renowned Privacy Team

Posted in Miscellaneous
InfoLawGroup Founding Partner and IAPP Certified Information Privacy Professional is sixth major practice addition in 2014 LOS ANGELES, July 21, 2014—BakerHostetler is proud to announce that Partner Tanya Forsheit has joined the firm’s Privacy and Data Protection team in the Los Angeles office. The sixth significant lawyer to join the firm’s preeminent Privacy and Data … Continue Reading

Native Advertising, the First Amendment and the FTC

Posted in Marketing, Miscellaneous
Editor’s Note: This blog post is a joint submission with BakerHostetler’s IP Intelligence blog. Partner Fernando A. Bohorquez, Jr. and Associate Alan Pate today published “All Native Advertising is Not Equal — Why that Matters Under the First Amendment and Why it Should Matter to the FTC” in the Media Law Resource Center’s MLRC Bulletin: Legal … Continue Reading

Former FTC Commissioner Pamela Jones Harbour joins BakerHostetler

Posted in Miscellaneous
Renowned competition and consumer protection attorney will co-lead national Privacy and Data Protection team Washington, D.C. & New York, NY, January 8, 2014—BakerHostetler is proud to announce that former Federal Trade Commissioner Pamela Jones Harbour has joined BakerHostetler’s Washington D.C. and New York offices. She joins the firm as a partner in the Antitrust and Competition Practice and as … Continue Reading

BakerHostetler and Woodcock Washburn Announce Strategic Combination

Posted in Miscellaneous
BakerHostetler and Woodcock Washburn, one of the country’s leading intellectual property boutiques, announced today that they have a signed letter of intent to combine, subject to an affirmative vote by the partners of both firms in early December. The announcement, made by BakerHostetler Executive Partner Steven Kestner and the Woodcock Washburn Policy Committee, notes they … Continue Reading

Ted Kobus Named MVP for Privacy & Consumer Protection

Posted in Miscellaneous
New York, NY, November 13, 2013 – BakerHostetler is proud to announce that partner Theodore J. Kobus III has been named an MVP by national legal publication Law360 and profiled as an “elite law firm partner” on their site. Kobus was selected for his ability to seamlessly manage high-stakes, high-profile, complex, multijurisdictional engagements and secure … Continue Reading

Legal concepts every social media marketer should know: Part IV – User Generated Content (Content Treasure Trove v. Legal Pandora’s Box)

Posted in Marketing, Miscellaneous, Online Privacy, Privacy, Social Media
Editor’s Note: This blog post was originally published on September 30, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission. This post is co-authored by Alan M. Pate The most valuable resource in a marketing campaign can often be the very audience you are trying to reach. “User generated content,” or UGC, be … Continue Reading

Legal concepts every social media marketer should know: Part III — Use of third-party images, graphics, and content

Posted in Litigation, Marketing, Miscellaneous, Social Media
Editor’s Note: This blog post was originally published on September 11, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission. This post is co-authored by Alan M. Pate. It’s often said that imitation is the sincerest form of flattery. But when it comes to running an online marketing campaign or social media site, … Continue Reading

BakerHostetler’s Privacy and Data Protection Team and Ted Kobus: Ranked in Chambers USA 2013

Posted in Miscellaneous
Congratulations to the BakerHostetler Privacy and Data Protection Team for their ranking and “considerable praise” in the 2013 edition of Chambers USA: America’s Leading Lawyers for Business. The team was ranked among the nation’s best in the area of “Privacy & Data Security: Nationwide.” Privacy and Data Protection Team Co-Leader, Ted Kobus, was individually ranked … Continue Reading

International Compendium of Data Privacy Laws

Posted in Miscellaneous, Online Privacy
Privacy and data protection issues confront all organizations—whether you handle employee information, credit card data, sensitive financial information or trade secrets. Securing data is a daunting task that is further complicated by cross-border transfer issues and the differences in privacy laws around the world. These laws are complex and can pose myriad and sometimes conflicting … Continue Reading

Vote on Ground-Breaking Brazilian Internet Bill of Rights Postponed

Posted in International Privacy Law, Miscellaneous
Internet-rights pundits had been waiting with baited breath for the Brazilian Congress’s vote on a proposed internet bill of rights—the so-called “Marca Civil da Internet.” That vote, which was scheduled for August 8, 2012, was canceled at the last minute without explanation. The proposed bill represents a unique, collaborative effort with the public—whose input was … Continue Reading

FTC’s “Do Not Track” Initiative Could Create New Market for “Paid For” Internet Content

Posted in Miscellaneous, Online Privacy
“Information wants to be free” has been a rallying cry of technology activists from the inception of the Internet revolution. True to this slogan, web sites offering free web content and free web services are the most pervasive and popular sites on the Internet. But, to quote another adage that predates the Internet: “There is … Continue Reading

The Cybersecurity Act of 2012–What Does It Mean?

Posted in Federal Legislation, Miscellaneous
Yesterday, Homeland Security and Governmental Affairs Committee Chairman Joe Lieberman (ID-Conn.), Ranking Member Susan Collins (R-Maine), Commerce Committee Chairman Jay Rockefeller (D-W.Va.), and Select Intelligence Committee Chairman Dianne Feinstein, D-Ca. introduced The Cybersecurity Act of 2012.  The press release can be found here. We are seeing an increasing number of attacks targeting government secrets, trade … Continue Reading

Third Circuit Sustains “Data Collection Provision” of NJ’s Unclaimed Property Law

Posted in Information Security, Miscellaneous, Payment Card Industry
The Third Circuit recently affirmed a district court’s decision refusing to enjoin an amendment to the New Jersey Unclaimed Property Act (the “Act”) which requires issuers of stored value cards (“SVCs”) to obtain the name and address of purchasers of SVCs and to maintain a record of the zip code of each purchases.  New Jersey Retail … Continue Reading

OIG Advisory Opinion Approves Referral Payments Under Electronic Health Record (EHR) System

Posted in Miscellaneous
In a significant development impacting the wider electronic health record (EHR) community, the HHS Office of Inspector General (OIG) on December 7 issued an Advisory Opinion (AO 11-18) approving an EHR vendor’s proposed transaction fee structure for charging customers that use the vendor’s new patient referral ordering system. Although the Advisory Opinion applies only to … Continue Reading

California’s Privacy Class Action Litigation Du Jour: “Shine the Light” Law

Posted in Litigation, Miscellaneous, Online Privacy
Privacy class action litigation is hot in California and a new wave of lawsuits are being filed under California’s 2003 “Shine the Light” law, codified in Cal. Civ. Code Section 1798.83. This privacy law affects most businesses with as few as 20 employees and allows individuals to learn about how a business sells and shares … Continue Reading

Will Industry Self-Regulation Emerge for Facial Recognition?

Posted in Federal Legislation, Miscellaneous, Privacy
The FTC held its first ever workshop to explore the privacy and security implications of facial recognition technology on December 8.  Facial detection (identifying certain traits from a person’s face, such as age and gender) and facial recognition (identifying a specific person) technology is no longer futuristic technology found only in movies like the Minority … Continue Reading