Faruki Blog

FTC Reminds Upromise to do what you Promise in action involving collection and transmission of data.

The FTC reached a settlement with Upromise, an online rewards program that adds small amounts of money to the users account after items are purchased.. Read More

Data Breach Wake-Up Call: Ron Raether Discusses Hannaford Ruling and What it Means to the Breached Entities and Their Customers

Since the first data breach class actions were filed, complaints were often dismissed (and decisions affirmed by appellate courts). Courts found that.. Read More

2012 The Year of the Laptop

In 2011, we saw a number of data breaches resulting from the loss of data on laptops. Almost one in three breaches related to lost or stolen laptops;.. Read More

Driver’s Privacy Protection Act – Best Buy lawsuit creates interest in a mostly forgotten privacy statute

A November 22, 2011 lawsuit against Best Buy (Siegler v. Best Buy Co. of Minnesota, Inc.) alleging violations of the federal Driver's Privacy.. Read More

Challenging Adequacy of Class Counsel: Misconduct Creating Serious Doubt that Counsel will Represent the Class Loyally Requires Denial of Certification

Defendants are often disinclined to attack the adequacy of class counsel in opposing class certification because challenges to the adequacy of class.. Read More

FTC Nears Settlement with Facebook Regarding Privacy Rights of Social Media Users: Unabating Tension Over the Use of Personal Data for Strategic Online Behavior Advertising and Marketing

In this age of constant information exchange, and with more and more information being made available via social media by an ever-growing number of.. Read More

Early Class Certification Determinations and Use of Motions to Strike Supported by Sixth Circuit: Court Affirms Striking of Class Allegations and Rejects Certification of Nationwide Consumer Class Ac

Seeking to obtain early rulings on certification and avoiding the unnecessary burden and expense of defending meritless actions (at least through the.. Read More

Facebook and LinkedIn Decisions Help Shape Social Media Policies

Many companies presently are wrestling with drafting a sound and defensible social media policy. Some recent decisions may provide some much needed.. Read More

Can Congress Grant Copyright Protection to Works Already in the Public Domain? – Supreme Court to Decide Golan v. Holder

On October 5, 2011, the U.S. Supreme Court heard arguments in Golan v. Holder, No. 10-545. At issue is the constitutionality of Congress'.. Read More

SEC tells Publicly Traded Companies When to Disclose Cyber Attacks and Security Risks

The US Securities and Exchange Commission (SEC) issued guidelines on when publicly-traded companies should disclose significant cyber thefts and.. Read More
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