Tanya Forsheit

Subscribe to all posts by Tanya Forsheit

Concrete and Particularized: What the Supreme Court’s Spokeo Ruling May Mean for Privacy Class Actions and Big Data – the First in a Series

By Tanya Forsheit on May 16, 2016 Posted in Online Privacy, Privacy Class Actions

This morning, the Supreme Court of the United States issued its decision in Robins v. Spokeo, No. 13–1339, 578 U. S. ____ (2016), putting to rest months of speculation as to whether the Court could come to a meaningful decision (that would be anything other than 4-4) in the aftermath of Justice Scalia’s passing in … Continue Reading

Safe Harbor Part Deux: The Privacy Shield

By Tanya Forsheit on February 3, 2016 Posted in International Privacy Law

This week began like many. An arbitrary deadline came and went – this one, January 31, 2016, was set by the Article 29 Working Party for European and United States regulators to address the void created by the invalidation of the Safe Harbor Framework for EU-U.S. data transfers in the Schrems decision back in October. … Continue Reading

The Five Most Common Questions Clients Asked Us About Privacy Compliance in 2015

By Tanya Forsheit on December 23, 2015 Posted in Online Privacy

As we wrap up 2015, we thought it might be helpful to talk about some of the most common questions we received this year with respect to privacy compliance. Here is a random sampling of the questions topping the charts this year. My company is self-certified under the Safe Harbor Framework. Now that the Court … Continue Reading

What Now? What Next? FAQs and Answers Regarding the Safe Harbor Decision

By Tanya Forsheit and Melinda L. McLellan on October 12, 2015 Posted in Enforcement, International Privacy Law

As we discussed in our blog post last week, on October 6, 2015, the Court of Justice of the European Union issued a judgment that invalidated the EU-U.S. Safe Harbor Framework. For the past 15 years, thousands of companies have been using the Safe Harbor Framework to transfer personal data from the EU to the … Continue Reading

FCC’s New TCPA Order May Require Companies to Obtain Updated Consents for Marketing Calls and Texts

By Tanya Forsheit, Alan L. Friel and Melinda L. McLellan on July 22, 2015 Posted in Enforcement, Marketing, Mobile Privacy, Privacy Class Actions, Retail Industry

Last week we published an overview of key issues raised by the Federal Communications Commission’s July 10, 2015, Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the “July 2015 Order”). The July 2015 Order responded to 21 requests for clarification concerning previous rules and orders the FCC has issued pursuant to the TCPA, … Continue Reading

“Don’t Call Us, We’ll Call You.” The FCC’s Latest TCPA Ruling Imposes Even More Restrictions on Telemarketing Calls and Texts

By Tanya Forsheit and Melinda L. McLellan on July 15, 2015 Posted in Enforcement, Marketing, Mobile Privacy, Privacy Class Actions, Retail Industry

On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the Telephone Consumer Protection Act (TCPA) and previous rules and orders issued by the Commission. The Order, which took effect immediately upon release, is … Continue Reading

To Err Is Human; to Indemnify, Divine?: Human Foibles in the Cloud

By Tanya Forsheit on May 19, 2015 Posted in Data Breaches, Incident Response, Information Security

BakerHostetler’s inaugural Data Security Incident Response Report (the “Report”) concluded that employee negligence and theft were two of the top five causes of data security incidents for the more than 200 incidents that we handled in 2014. Needless to say, this raises some important and concerning questions when it comes to the cloud. We note … Continue Reading

FTC Director Jessica Rich Discusses Privacy and Data Security at BakerHostetler Symposium

By Tanya Forsheit and William W. Hellmuth on February 26, 2015 Posted in Cybersecurity, Events

On February 26, 2015, Jessica L. Rich, Director of the Bureau of Consumer Protection at the Federal Trade Commission, spoke at the BakerHostetler Symposium on Section 5 of the FTC Act on how the FTC approaches privacy and data security. Director Rich’s comments on this subject were particularly timely, with the Third Circuit poised to … Continue Reading

What’s on the Horizon in the Golden State?

By Tanya Forsheit on December 16, 2014 Posted in Breach Notification, Cybersecurity, Data Breach Notification Laws, Marketing, Online Privacy

As we near the turn of the year into 2015, organizations should keep an eye on laws taking effect on the West Coast. This year, the crop of new privacy statutes includes a few without precedent anywhere in the country. The focus? Kids and security. Following are a few examples of new California laws taking … Continue Reading

Vendor Contract Review and Cyber Risk Mitigation: How to Keep it Drama Free

By Tanya Forsheit on November 5, 2014 Posted in Cybersecurity

Editor’s Note: We recently launched a graphic illustrating our Cyber Risk Mitigation Services. This week, our attorneys will be writing about specific examples of those services. Vendor contract review—what does that mean to you? Does it bring back bad memories? A last minute scramble to close a deal? Capitulating to oppressive limits on liability to meet … Continue Reading

California Attorney General Releases 2014 Data Breach Report and Recommendations, Finding More of the Same.

By Tanya Forsheit on October 29, 2014 Posted in Breach Notification, Data Breaches, Identity Theft, Retail Industry

Editor’s Note: The author thanks Jaysen Borja for his contributions to this post. On October 28, 2014, Attorney General Kamala Harris released the second annual California Data Breach Report. The report detailed the nature and scope of data breach notifications that her office received in 2013. Her office has been analyzing notifications of data breaches … Continue Reading

California’s Latest Amendments to Its Data Security Breach Notification Law – Much Ado about Nothing?

By Tanya Forsheit and M. Scott Koller on October 2, 2014 Posted in Data Breaches

Editor’s Note: The authors would like to thank Jaysen Borja for his contributions to this post. On September 30, 2014, California Governor, Jerry Brown, signed Assembly Bill 1710 into law, amending California’s existing personal information privacy laws. A.B. 1710 makes several changes to existing laws including: (1) the requirement that businesses that “maintain” personal information … Continue Reading