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Broker-Dealers and Investment Advisers Now Targeted by Both Cyber Intruders and SEC Cybersecurity Examiners

By BakerHostetler on May 6, 2014 Posted in Cybersecurity

The following BakerHostetler Executive Alert was authored by: Andrew W. Reich and Jonathan A. Forman Cybersecurity has increasingly become a critical issue for all types of businesses, few more so than broker-dealers, investment advisers and others in the financial sector. The cyber threat is much broader than customer data privacy as addressed by the Securities … Continue Reading

Privacy Law in a Nutshell

By BakerHostetler on April 11, 2014 Posted in Cybersecurity, Federal Legislation, Information Security, International Privacy Law, Marketing

BakerHostetler Privacy and Data Protection Partner Erica Gann Kitaev is a co-author of the recently published Privacy Law in a Nutshell, Second Edition, through West Academic Publishing. Legal issues related to privacy are exploding in the U.S., and virtually all businesses face privacy considerations, particularly as technology and the law evolves. The Privacy Nutshell is … Continue Reading

BakerHostetler Introduces Information Governance Capability

By BakerHostetler on February 6, 2014 Posted in Information Governance

NEW YORK, February 6, 2014—BakerHostetler announced today that is has formally organized a practice capability around clients’ needs in the area of Information Governance. The newly created cross-practice team, led by Partner Judy Selby and Counsel James Sherer, draws upon the firm’s established expertise in the areas of Privacy and Data Protection and E-Discovery Advocacy … Continue Reading

Former FTC Commissioner Pamela Jones Harbour joins BakerHostetler

By BakerHostetler on January 8, 2014 Posted in News

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

International Privacy – 2013 Year in Review – Africa

By BakerHostetler on December 30, 2013 Posted in International Privacy Law

Authors: Gonzalo Zeballos, James Sherer, and Alan Pate South Africa On August 22, 2013, after four years of deliberation, the South African Parliament passed the first comprehensive data protection legislation in South Africa, the Protection of Personal Information (POPI) Bill. This Bill supports the existing right to privacy found in section 14 of the Constitution … Continue Reading

International Privacy – 2013 Year in Review – Asia

By BakerHostetler on December 30, 2013 Posted in International Privacy Law

Authors: Gonzalo Zeballos, James Sherer, and Alan Pate Asian Data Privacy Updates 1. China China’s Personal Information Protection Law Proposal was submitted to the State Council in 2008, which was followed by the Ministry of Industry and Information Technology’s non-binding Internet Information Services Market Order Provisions of 2011. However, little direct progress was made until … Continue Reading

International Privacy – 2013 Year in Review – Central and South America

By BakerHostetler on December 30, 2013 Posted in International Privacy Law

Authors: Gonzalo Zeballos, James Sherer, and Alan Pate Central American Data Privacy Updates 1. Costa Rica On March 5, 2013, Costa Rica’s data protection law, originally passed in 2011, came into force. The law, the Ley Protección de la Persona frente al tratamiento de sus datos personales, Law 8968, requires explicit data subject consent for … Continue Reading

International Privacy – 2013 Year in Review – Canada

By BakerHostetler on December 30, 2013 Posted in International Privacy Law

Authors: Gonzalo Zeballos, James Sherer, and Alan Pate This fall, Canadian Parliament failed to pass proposed amendments to its federal privacy law that would impose a mandatory breach notification requirement. Bill C-12, originally introduced in 2010 and reintroduced in 2011, seeks to amend Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) to include breach … Continue Reading

International Privacy – 2013 Year in Review – Ukraine

By BakerHostetler on December 30, 2013 Posted in International Privacy Law

Authors: Gonzalo Zeballos, James Sherer, and Alan Pate Ukraine privacy law is undergoing a dramatic shift with its introduction of new legislation, “On Amending Certain Legislative Acts of Ukraine Regarding Improving the System of Personal Data Protection,” enacted on July 3, 2013, with an enter-into-force date of January 1, 2014. This legislation abolishes the current … Continue Reading

International Privacy – 2013 Year in Review – European Union

By BakerHostetler on December 30, 2013 Posted in International Privacy Law

Authors: Gonzalo Zeballos, James Sherer, and Alan Pate Fighting the war on two fronts: External Outside of the EU, concerns continue after the former NSA contractor Edward Snowden leaks demonstrated issues related to U.S. handling of European data. Beginning in July, 2013, the ongoing Transatlantic Trade and Investment Partnership (TTIP) talks were seen as a … Continue Reading

International Privacy – 2013 Year in Review

By BakerHostetler on December 30, 2013 Posted in International Privacy Law

Authors: Gonzalo Zeballos, James Sherer, and Alan Pate 2013 was a year in contrasts within data privacy. To begin with the “normal” course, Canada sought (but failed) to pass a mandatory breach notification amendment to its federal privacy law, and Uruguay acceded to the European Convention regarding personal data processing. China introduced its Decision on … Continue Reading

Information Governance – 2013 in Review

By BakerHostetler on December 27, 2013 Posted in Data Breaches, Online Privacy, Privacy Litigation

By: Judith A. Selby and James A. Sherer 2013 was the year that the term “Information Governance” or “IG” began to be widely used outside of technical circles. Despite that fact, the concept of IG is not well understood. Gartner, a premier information advisory company, defines IG as the specification of decision rights and an accountability framework … Continue Reading

Something Wicked This Way Comes – Dark and Dusty Data and the Risk Your Organization Already Owns

By BakerHostetler on December 16, 2013 Posted in Data Breaches

This blog post is a joint submission with BakerHostetler’s Discovery Advocate blog. Authored by: James Sherer During the final panel of Thomson Reuters’ 17th Annual eDiscovery & Information Governance in Practice Forum, Thomas Barnett, Ignatius Grande, and Sandra Rampersaud led a lively discussion on Managing Big Data, Dark Data, and Risk. And while the exchange … Continue Reading

A guide to native advertising’s legal issues

By BakerHostetler on December 2, 2013 Posted in Behavioral Advertising, Online Privacy

Native advertising has by all accounts been the darling of the digital marketing world in 2013. Although it comes in all shapes and sizes, the general consensus defines “native advertising” as the practice of designing ads to look like the natural editorial content of the website on which they appear. Native’s proponents hail it as … Continue Reading

Webinar Recording – Implementation of the Cybersecurity Executive Order

By BakerHostetler on November 15, 2013 Posted in Cybersecurity

In issuing the Cybersecurity Executive Order last February, President Obama declared that the “cyber threat is one of the most serious economic and national security challenges we face as a nation” and that “America’s economic prosperity in the 21st century will depend on cybersecurity.” Now, important benchmarks in implementing this Executive Order have been reached. … Continue Reading

Ted Kobus Named MVP for Privacy & Consumer Protection

By BakerHostetler on November 13, 2013 Posted in News

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

Wal-Mart Prevails in Credit Card Class Battle Over Practice of Collecting Addresses and Phone Numbers

By BakerHostetler on October 8, 2013 Posted in Privacy Class Actions

Authored by: Julian Perlman Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. In a victory for Wal-Mart Stores, Inc., a federal district court judge has refused to certify a Rule 23(b)(3) class in a lawsuit for violation of California’s Song-Beverly Credit Card Act (Cal. Civ. Code § 1747 et seq., … Continue Reading

Opening the Flood Gates? California Voters May Create Presumption of Harm in Privacy Breach Cases

By BakerHostetler on October 6, 2013 Posted in Data Breaches, Privacy Class Actions, Privacy Litigation

Authored by: Julian Perlman Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. California has moved one step closer towards amending its Constitution to create a presumption of harm whenever personal data is shared without a consumer’s express opt-in, a change that would clear a significant hurdle to many privacy breach … Continue Reading

New Jersey Judge Certifies TCPA Junk Fax Class

By BakerHostetler on October 6, 2013 Posted in Data Breaches, Marketing

Authored by: Julian Perlman Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. In a significant decision for companies that engage in electronic marketing, a New Jersey federal judge certified a 23(b)(3) class claiming violations of the Telephone Consumer Protection Act (“TCPA”; 47 U.S.C. § 227(b)(1)(C)). In A&L Industries Inc. v. … Continue Reading

California Data Breach Notification Laws Expand to Include Login Information

By BakerHostetler on October 3, 2013 Posted in Data Breaches, Online Privacy

Authored by: Charles K. Shih On Friday, September 27, California governor Jerry Brown signed a bill, S.B. 46, which increases the online protection of potential identity theft for Californians by requiring companies to give notice when a California resident’s log in data is compromised. California’s attorney general sponsored the law, which was written by Senate … Continue Reading

California’s New “Eraser Button” Law Allows Regretful Teens to Remove Embarrassing Internet Postings

By BakerHostetler on October 1, 2013 Posted in Children’s Privacy, Online Privacy

Authored by: Charles K. Shih California became the first state to sign into law a bill that requires websites and apps to provide an “eraser button” to its users under the age of 18. The law, S.B. 568 signed by California Governor Jerry Brown, has two main elements. First, it requires Internet companies to provide … Continue Reading