Searching Content by Marc Berger ordered by Published Date Descending.
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Cryptocurrency Update: CFTC Reaffirms Jurisdiction Over Certain Virtual Currency Transactions
There is little question that virtual currency will be subject to increasing regulatory oversight as it continues its steady march towards the mainstream.
United States
20 Oct 2017
Cryptocurrency Update: SEC Files Fraud Charges Relating To ICO Schemes
Two months after warning investors that some digital tokens or coins may qualify as securities under the federal securities laws, the SEC on September 29, 2017 brought its first enforcement action...
United States
16 Oct 2017
SEC Files Fraud Charges Relating To ICO Schemes
Two months after warning investors that some digital tokens or coins may qualify as securities under the federal securities laws, the SEC on September 29, 2017 brought its first enforcement action in connection with an ICO.
United States
13 Oct 2017
Federal Trade Commission Announces Investigation Reforms
On July 17, FTC Acting Chairman Maureen Ohlhausen announced a set of process reforms within the agency's Bureau of Consumer Protection aimed at streamlining information requests...
United States
31 Jul 2017
New Criminal And SEC Charges Signal Aggressive Enforcement Of Insider Trading Liability For Disclosure Of Political Intelligence
On May 24, 2017, the U.S. Attorney's Office for the Southern District of New York and the U.S. Securities and Exchange Commission announced insider trading charges …
United States
30 May 2017
Trump Issues First Executive Order On Cybersecurity: While Goals Are Ambitious, Timelines Are Tight
On May 11, 2017, President Donald J. Trump signed an executive order addressing cybersecurity risk management across three key areas: (1) federal government networks...
United States
17 May 2017
Enforcement Trends: The New Administration And Securities Enforcement (podcast)
In the podcast (and transcript) we're going to discuss what securities enforcement might look like under a Trump administration.
United States
18 Jan 2017
Supreme Court Confirms Broad Reach Of Insider Trading Liability
Today, the Supreme Court issued its decision in Salman v. United States, clarifying the personal benefit standard of insider trading under the federal securities laws.
United States
6 Dec 2016
Recent Decisions Highlight Legal Risks Associated With Product Cybersecurity Vulnerabilities
Plaintiffs in two product cybersecurity class actions were partially successful in surviving motions to dismiss, continuing the recent trend by plaintiffs and regulatory agencies to expand the pool of defendants in data security litigation.
United States
14 Nov 2016
District Court Ruling in FTC v. Amazon Carries Implications For Data Security Breach Cases
The Court's liability ruling also opened up the possibility that Amazon will be required to pay significant monetary relief.
United States
4 Jul 2016
Federal Trade Commission Chairwoman Ramirez Testifies Before Congress Regarding 17 FTC Reform Bills Pending In Congress
On May 24, 2016, FTC Chairwoman Edith Ramirez delivered testimony before the House Energy and Commerce Committee's Subcommittee on Commerce, Manufacturing, and Trade in a hearing entitled "Legislative Hearing on 17 FTC Bills."
United States
9 Jun 2016
Supreme Court's Spokeo Decision Erects Barriers For Privacy And Data Security Plaintiffs
On May 16, 2016, the United States Supreme Court in Spokeo, Inc. v. Robins confirmed that a "concrete" injury is required of all private parties seeking to assert claims in federal court.
United States
18 May 2016
First Circuit Decision Increases Risks To Businesses Under VPPA
On April 26, 2016, the First Circuit handed down a plaintiff-friendly Video Privacy Protection Act decision offering potentially expansive definitions of "subscriber" and "personally identifiable information".
United States
16 May 2016
PCI SSC Releases Version 3.2 of Data Security Standard
On April 28, 2016, the Payment Card Industry Security Standards Council (the "PCI SSC" or "Council") released a new version of its Data Security Standard ("PCI DSS"), version 3.2.
United States
5 May 2016
U.S. Supreme Court Affirms Class Certification Based on "Representative Evidence" of Liability and Damages
On March 22, 2016, the Supreme Court of the United States issued a 6-2 opinion in Tyson Foods, Inc. v. Bouaphakeo, affirming the certification of a class based on the "representative evidence" of a statistical sample used to establish liability and damages.
United States
4 Apr 2016
FTC Launches Study Of Assessment Process For Payment Card Industry Data Security Standards
On March 7, the FTC announced a study of Payment Card Industry Data Security Standard assessments – the audits required of certain merchants pursuant to rules imposed by payment card brands such as Visa and MasterCard.
United States
1 Apr 2016
Consumer Financial Protection Bureau Brings Its First Data Security Enforcement Action
On March 2, the Consumer Financial Protection Bureau ("CFPB") issued its first ever consent order in a data security matter.
United States
11 Mar 2016
FTC's Proposed Settlement With Dental Practice Software Provider Marks Latest Data Security Action Against A Product Supplier
On January 5, the FTC reached an agreement with Henry Schein Practice Solutions, Inc. to settle allegations that HSPS misrepresented that its dental practice software provided industry-standard encryption for personal information.
United States
8 Feb 2016
The FTC's Recent Enforcement Action Against Oracle Further Expands The Growing Pool Of Potential Data Security Defendants
The FTC's enforcement action against Oracle relates to Java SE, which has been installed on over 850 million personal computers.
United States
12 Jan 2016
Wyndham And FTC Agree To Consent Order Ending Data Security Breach Litigation
In this case, however, Wyndham chose to aggressively defend against the FTCs allegations.
United States
23 Dec 2015
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