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Articles by Katherine E. Armstrong
Joint Advisory Warns of Chinese-sponsored Attacks on Telecommunications Companies
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
CA AB 35 to Change Efforts of Health Care and Consumer Advocates
California’s controversial Medical Injury Compensation Reform Act of 1975 (MICRA) could soon change following the efforts of health care and consumer advocates, who worked with California legislative leaders to reach an agreement to modernize the law, resulting in the introduction of Assembly Bill 35 (AB 35) on April 27, 2022.
California Governor Signs into Law Bills Updating the CPRA and Bills Addressing the Privacy and Security of Genetic and Medical Data, Among Others
October 13, 2021 FTC Issues Notice of Penalty Offenses to Over 700 Retailers:... by: Phyllis H. Marcus Reminder – Medicare Part D Notices due October 15, 2021 by: Kathryn B. Solley and Geoffrey Fay Governor Newsom Signs Bill Allowing for Virtual Administrative... by: Ursula L. Clemons Ninth Edition of GHS Includes Revisions to Chapter 2.1 (Explosives)...
FTC Settlement with Zoom Concerning Alleged Data-Security Lapses | JD Supra
On November 9, 2020, the United States Federal Trade Commission (FTC) announced that it had entered into a consent agreement, subject to final approval, with videoconferencing company Zoom Video Communications, Inc. (Zoom). The consent agreement settles allegations that Zoom engaged in a series of deceptive and unfair practices that undermined the security of its users.
FTC-Zoom Settlement over Deceptive & Unfair Practices Re: Security
November 11, 2020 OESA Conference: Journey Back to the Future by: Steven H. Hilfinger The European Commission Accepts Narrow Commitments to Resolve... by: Dan Mogin and Timothy Z. LaComb Primary Care First: CMS’s New Value-Based Approach to Primary Care by: Kenneth Yood and Melissa R. Gertler Federal Circuit Will Not Second-Guess IPR Institution Denials by: Jiaxiao Zhang New Jersey Executive Order Limits Dining, Interstate Sports and... by: James M. McDonnell and Luke P.
As CCPA Pressure Heats Up, Here’s What Should Be on Your Summer To-Do List | JD Supra
The world has markedly changed since the California Consumer Privacy Act (CCPA) became effective on January 1, 2020. Under shelter-in-place orders and even amid gradual reopenings, many states have required businesses to slow or stop production as the country and world adjust to a new normal in light of COVID-19. But the California Attorney General’s (AG) Office remains determined to begin CCPA enforcement on July 1, even though the draft regulations may not yet be final.
As CCPA Pressure Heats Up, Here’s What Should Be on Your Summer To-Do List
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
COVID-19 Consumer Data Protection Act of 2020 Seeks to Regulate Collection, Use of Geolocation, Personal Health Information | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
CCPA Revised Regulations
Friday, February 21, 2020 California Attorney General (AG) Xavier Becerra released revised draft regulations for the California Consumer Privacy Act (CCPA) late last week. The AG will accept comments on the revisions until February 25, 2020. The regulations are not yet final, and because the AG has added an additional notice and comment period, it is likely that additional revisions will occur before the regulations are finalized and become effective.
CCPA Revised Regulations | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
FTC Opinion Holds False Express Privacy Claims are Material | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
FTC Opinion Holds False Express Privacy Claims are Material
Monday, December 9, 2019 The Federal Trade Commission’s Opinion finding that Cambridge Analytica engaged in deceptive practices to harvest personal information closes another chapter in the Commission’s actions against Cambridge Analytica and its former chief executive and app developer. The opinion is noteworthy for two reasons. First, the procedural posture of this matter is unique because Cambridge Analytica failed to appear or to answer the complaint.
Leveraged Acquisitions Roundtable | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
How We Spent Our Summer Vacation or Summary of CCPA Amendments | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
FTC Litigation with D-Link Ends with Comprehensive Settlement | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
FTC Litigation with D-Link Ends with Comprehensive Settlement
July 08, 2019 EUON Search Tool Includes Over 300 Nanomaterials on the EU Market by: Lynn L. Bergeson and Carla N. Hutton Tough Cookie: The ICO’s New Cookie Guidance Arrives Hot Out of the... by: Rosa Barcelo and Francesca Fellowes What’s New with the Updated Proposed Compliance Check Scheduling... by: Laura A. Mitchell and Christopher T. Patrick Oregon Enacts Sweeping #MeToo Law by: James M. Barrett and Paul E. Cirner Are pilots Protected Against Retaliation for Disclosing Air Safety...
Further Expansion of Data Security Requirements in FTC Order with LightYear Dealer Technologies | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Further Expansion of Data Security Requirements in FTC Order with LightYear Dealer Technologies
Friday, June 14, 2019 The FTC has entered into a settlement with LightYear Dealer Technologies, doing business as DealerBuilt, a technology company that develops and sells dealer management system (DMS) software and data processing services to automotive dealerships nationwide. The settlement resolves allegations that DealerBuilt engaged in a number of unreasonable data security practices.
Nevada’s Privacy Law Granting Opt-Out Rights Is First Out of the Gate | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
INSIGHT: The Privacy WarsâToo Much, Too Little, or Too Late?
To paraphrase noted legal theorist Kanye West, when it comes to privacy we worry about the wrong things. New laws and regulatory frameworks are often designed to solve problems we faced last year but are rapidly rendered inadequate as new issues emerge. To see that dynamic in action, look to the growing wave of new legislation designed to regulate data collection and online marketing practices. In 2008, these laws may have changed the world. Today, their impact is more difficult to predict.
New Requirements for FTC Data Security Settlements
Friday, May 3, 2019 Two of the Federal Trade Commission’s (FTC’s) most recent data security settlements include new requirements that go beyond previous data security settlements. The new provisions (1) require that a senior corporate officer provide to the FTC annual certifications of compliance and (2) specifically prohibit making misrepresentations to the third parties conducting required assessments.
Datapocalypse Now: Will The CCPA Cancel Digital Advertising?
Monday, April 8, 2019 When people talk about data privacy, or data collection, or tracking technology, or analytics, or click farms, or bots, or data brokers, or geolocation, or mobile apps, or social media, or influencers, in the end what they’re really talking about is digital advertising.
Consumer Privacy Protection & Data Risk
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Thoughts on GLB Safeguards Rule and Privacy Rule? FTC Awaits Your Comments
Wednesday, March 13, 2019 The Federal Trade Commission (FTC) issued two Notices of Proposed Rulemaking (NPRMs) seeking comment on proposed amendments to the Gramm–Leach–Bliley Act (GLBA) Safeguards Rule and Privacy Rule. The comments are due 60 days after the NPRM is published in the Federal Register. The NPRMs accomplish two things. First, they address comments received several years ago when the FTC sought review of these rules pursuant to its periodic review of FTC rules and guides.
FTC Settlement with Video Social Networking App Largest Civil Penalty in a Children’s Privacy Case
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
GAO Report Recommends Congress Consider Comprehensive Privacy Regulation
February 22, 2019 DHS Moves to Rescind H-4 EAD Rule for Spouses of H-1B Workers by: Meredith K. Stewart An Ancient Right Jeopardized: U.S. Supreme Court Limits State... by: Joseph C. Chapelle Will Congress Override State Net Neutrality Laws? by: Chelsea Hilliard and Peter Vogel E-Verify Redesign – Users Must Complete New Tutorial by: Employment Law at Ogletree Deakins Surgery Partners, Inc. Fails To Excise Conflicts Infecting Three... by: David L.
Washington Seeks to Become 2nd State With Privacy Act Introduces Washington Privacy Act
Thursday, January 31, 2019 A new bill, titled the “Washington Privacy Act,” was introduced in the Washington State Senate on January 18, 2019. If enacted, Washington would follow California to become the second state to adopt a comprehensive privacy law.
House Committee Staff Report Finds Equifax Data Breach Entirely Preventable, Provides Recommendations for Consumer Reporting Agencies
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
EU-US Privacy Shield Second Review: Improvements Shown, but More to be Done
December 20, 2018 National Bioengineered Food Disclosure Standard Final Rule Released by: Food and Drug Law at Keller and Heckman EEOC Withdraws Wellness Incentive Guidance by: Edward I. Leeds EU-US Privacy Shield Second Review: Improvements Shown, but More to... by: Katherine E. Armstrong Save the Crew? Will Do! by: Michael A. Cullers Significant 2018 Patent Decisions and a Look Ahead by: Peter F. Snell and Rithika Kulathila A conversation with Pennsylvania Secretary of Banking and Securities...
CFPB Settles with Savings and Loan Association for Alleged Violations of the FCRA
Wednesday, December 12, 2018 The Consumer Financial Protection Bureau announced a settlement with State Farm Bank, FSB for alleged violations which involved obtaining and furnishing consumer reports, which in some cases were inaccurate, to Consumer Reporting Agencies.
FTC Commissioners Call for Federal Privacy Legislation and Highlight Lack of Civil Penalty Enforcement in Senate Hearing
In their first congressional testimony together as a full commission, the Federal Trade Commissioners expressed support for comprehensive federal privacy legislation before the Senate Committee on Commerce, Science, and Transportation Subcommittee on Consumer Protection, Product Safety, Insurance, and Data Security on November 27.
FTC Settles Fair Credit Reporting Act Action with Tenant Background Screening Company
The FTC announced a settlement with RealPage, Inc., a tenant background screening company, settling allegations that it violated the Fair Credit Reporting Act (FCRA) by failing to take reasonable steps to ensure the accuracy of the tenant screening information it provided to landlords and property managers.
UK ICO Issues First GDPR Enforcement Notice Against Canadian Analytics Firm
The UK Information Commissioner’s Office (ICO) has issued an Enforcement Notice against a Canadian data analytics firm, AggregateIQ (AIQ) that allegedly produced targeted advertisements for pro-Brexit campaigns. This action is the first enforcement Notice issued under the GDPR.
NTIA Seeks Comment on Federal Consumer Data Privacy Approach
The Department of Commerce’s National Telecommunications and Information Administration (NTIA) issued a Notice seeking comments on a proposed federal consumer data privacy approach. In a parallel effort, the Commerce Department’s National Institute of Standards and Technology is developing a voluntary privacy framework to help organizations manage risk.
The Devil is in the Definitions for Federal Consumer Data Privacy Safeguards
The Senate Commerce Committee held a hearing “Examining Safeguards for Consumer Data Privacy” on September 26, which included testimony from tech industry executives. Senator John Thune’s opening statement noted that with the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) have put the issue of consumer data privacy squarely on the Congress’s doorstep. “The question is no longer whether we need a federal law to protect consumers’ privacy,” he said.
The California Consumer Privacy Act: What the Far-Reaching Privacy Law Means for Retailers
The California Consumer Privacy Act (CCPA) is the first truly comprehensive state privacy law, and will take effect January 1, 2020. Estimates suggest the CCPA will impact over 500,000 for-profit businesses that conduct business in California. While the CCPA will be enforced by the attorney general, it provides for a number of new rights, including a new private right of action for California residents impacted by data breaches.
Sixth and Second Circuits Rule In Favor of Insurance Policy Holders in Computer Fraud Provisions Cases
Policy holders alleging that computer fraud provisions of their insurance policies extended to fraud that stemmed from an intercepted email and a spoofing attack notched wins before two separate appellate courts recently. The first involves Travelers Casualty and Surety of America and American Tooling Center Inc., and the second involves Chubb Ltd. and Medidata Solutions Inc. American Tooling Center Inc.
Enough of the Patchwork: Tech Industry Group Calls for a National Privacy Framework
The Internet Association (IA), a group of 40 major internet and technology firms, called for the establishment of a national privacy framework anchored by six privacy principles on Wednesday.
California Lawmakers to Consider Technical Amendments to the California Consumer Privacy Act
The California legislature will consider technical amendments to the California Consumer Privacy Act (CCPA), S.B. 1121, by August 31, 2018, which is the deadline in the current legislative session for bills to be passed by the legislature. The proposed amendments to the CCPA include: The proposed amendments do not address the narrow definition of the public records exception to the definition of personal information or the Fair Credit Reporting Act exemption.
Brazil Adopts New Privacy Law Similar to GDPR
On August 14, the president of Brazil signed the Brazilian General Data Protection Law (LGPD) into law. It will become effective on Valentine’s Day 2020. The elements of the new law are similar to the European Union’s General Data Protection Regulation (GDPR). If entities have become compliant with GDPR, they are well on their way to compliance with the new Brazilian Privacy law.
FTC Opens Comment Period in Preparation for Competition and Consumer Protection in the 21st Century Hearings
The Federal Trade Commission has opened up public comments for their upcoming Hearings on Competition and Consumer Protection in the 21st Century. The hearings will take place during the fall and winter 2018 and will examine “whether broad-based changes in the economy, evolving business practices, new technologies, or international developments might require adjustments to competition and consumer protection enforcement law, enforcement priorities, and policy,” according to the FTC website.
FTC's Focus on Tech Issues Possible Implication for Tech Bureau Implementation
The Federal Trade Commission has focused some of its recent public statements on technology issues and related enforcement challenges. In this blog post, I provide a recap of those statements, including one before the House Energy and Commerce Subcommittee on Digital Commerce and Consumer Protection.
EU-US Privacy Shield Updates: Parliament Criticizes US Actions, and FTC Settlement with ReadyTech
There were two recent noteworthy developments related to Privacy Shield from both sides of the Atlantic. On July 5, the European Parliament adopted a resolution calling for the suspension of the EU-US Privacy Shield Agreement if the U.S. fails to comply in full by September 1, 2018.
A Resident Led Quality Improvement Initiative to Improve Office Visit Cycle Time
To view the full text, please login as a subscribed user or purchase a subscription. Click here to view the full text on ScienceDirect. FiguresBackground: The provision of care in a timely fashion is one of the six aims of health care quality put forth by the Agency of Healthcare Research and Quality (AHRQ), a division of the United States Department of Health and Human Services. The AHRQ states that prolonged waits and delays can be harmful for both those receiving and those giving care.
FTC Staff Provides Recommendations to Consumer Product Safety Commission on IoT Safety
In March 2018, the Consumer Product Safety Commission (CPSC) issued a Notice of Public Hearing and Request for Written comments on The Internet of Things on Consumer Product Hazards. The CPSC expressed interest regarding existing safety standards on existing IoT devices, how to prevent hazards, and the role of government in the effort to promote IoT safety. The Federal Trade Commission voted to authorize its Bureau of Consumer Protection to submit comments.
FTC Gives Final Approval to PayPal Settlement Related to Allegations Involving its Venmo Payment Service
The FTC gave final approval to the Venmo/PayPal settlement resolving alleged violations of Section 5 of the FTC Act and the Gramm-Leach-Bliley Act’s Privacy and Safeguards Rules. As described in a previous blog post, the FTC alleged that Venmo made a variety of misrepresentations to consumers with respect to the availability of funds, the ability of consumers to control the privacy of their transactions, and its data security practices.
Eleventh Circuit Vacates FTC LabMD Order but does not challenge FTC Authority
The U.S. Circuit Court of Appeals for the 11th Circuit vacated the LabMD Federal Trade Commission order but did not challenge the Commission’s ability to use its unfairness authority to challenge inadequate data security practices in a closely watched case that tested the commission’s enforcement powers. The FTC issued a complaint against LabMD in 2013, alleging that the now-defunct clinical laboratory failed to reasonably protect the security of consumers’ personal data.
Vermont Data-Broker Law Setting National Standard
Vermont lawmakers recently passed a first-of-its-kind data broker law, which protects consumers from credit freeze fees, data fraud and clarifies data security requirements. The new law defines a data broker as: “a business, or unit or units of a business, separately or together, that knowingly collects and sells or licenses to third parties the brokered personal information of a consumer with whom the business does not have a direct relationship.” • register annually with the Secretary of State.
Consumer Privacy Act Enacted in California
The California Consumer Privacy Act’s swift passage is the result of a compromise reached between the backers of a ballot initiative and California legislators.
FTC Warns Two Foreign-Based App Developers of Possible COPPA Violations
The FTC staff recently sent two warning letters to Gator Group Co., Ltd., and Tinitell, Inc., which marketed mobile apps directed to children and appear to be violating the Children’s Online Privacy Protection Act (COPPA). The FTC warning letters were also sent to the Apple App Store and Google Play Store, which make the apps available to consumers.
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