In Pennsylvania, Employers (and Others) may be Liable for Failing to Protect Personal Information that They Collect

On November 21, 2018 Pennsylvania’s highest court ruled that employers in Pennsylvania have an affirmative legal duty to protect workers’ sensitive data from possible hacking.  This ruling has profound implications for employers, which may now be subject to liability for failing to take reasonable precautions to protect their employees from cyber attacks. In a proposed class action, employees of the University of Pittsburgh Medical Center sought damages after a data breach exposed the personal information – including names, dates of birth, addresses, Social Security numbers,…
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Facebook Moves to Dismiss Derivative Action Arising Out of Cambridge Analytica Scandal

On September 28, 2018, Facebook and its board of directors moved to dismiss a derivative action filed by Karen Sbriglio, a Facebook investor, alleging breach of a fiduciary duty.  The lawsuit, filed after revelations of the Cambridge Analytica scandal, claims the failure of Facebook’s leadership and governance in permitting the misappropriation of Facebook users’ data subjected it to public scrutiny, billions of dollars of lost market value, and significant fines and costs.  The basis of Facebook’s motion was that the company’s board, rather than…
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An Insurer’s Guide to Navigating the Legal Landmines of Cybersecurity Regulation

Cybersecurity is front and center now, especially for the financial services industry which includes insurance and reinsurance companies, among others.  States and regulators are passing laws and promulgating regulations designed to protect customer data in the possession of insurers and their associates. These new statutes and regulations aimed at the insurance industry are in addition to the myriad of other requirements imposed by government for the protection of this data. Aaron J. Aisen, co-chair of the regulatory sub-practice group in the Global Insurance Services …
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FTC Settles False Representation Claim Against Mobile Phone Manufacturer

The Federal Trade Commission (FTC) has settled with BLU Products, Inc. over allegations that the unlocked mobile phone manufacturer allowed a third-party provider to collect detailed personal information about its consumers without their knowledge or consent. In 2016, BLU Products admitted that a third-party app called “Wireless Update” has been “collecting unauthorized personal data in the form of text messages, call logs and contacts from customers” on some devices. The FTC alleged that BLU Products, its co-owner, and president falsely claimed that only information needed…
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Facebook Continues Playing the Globalist Game

Facebook once again recently taught us that it may be easier to avoid a law, than to comply with it. On April 17, 2018, Facebook confirmed that to meet its mission to comply “in spirit” with “the whole” of the European Union’s General Data Protection Regulation (GDPR) , which takes effect on May 25, 2018, Facebook is effectively moving data for approximately 1.5 million users outside the reach of the law.  By offering “new privacy experiences” complete with updated terms of service …
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