The Cybersecurity Law Report

Incisive intelligence on cybersecurity law and regulation

Articles By Topic

By Topic: TCPA

  • From Vol. 2 No.9 (Apr. 27, 2016)

    Federal Judge Offers Advice on Litigating Data Privacy, Security Breach and TCPA Class Action Suits

    What is the best way to explain technology to judges and juries? What questions can lawyers expect at the first case management conference? At a recent Practising Law Institute program, Chief Magistrate Judge Joseph C. Spero of the Northern District of California answered these and other questions lawyers face, offering advice on topics such as the best way to approach discovery issues and how to handle settlements in data breach, data privacy and TCPA class action cases. Ian C. Ballon, a partner at Greenberg Traurig, moderated the discussion. See also “In-House and Outside Counsel Offer Strategies for Navigating the TCPA, Avoiding Litigation and Responding to Breaches” (Mar. 30, 2016).

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  • From Vol. 2 No.7 (Mar. 30, 2016)

    In-House and Outside Counsel Offer Strategies for Navigating the TCPA, Avoiding Litigation and Responding to Breaches

    How can in-house counsel better position their companies to prevent and manage class action lawsuits resulting from Telephone Consumer Protection Act (TCPA) violations and cybersecurity incidents? At a recent PLI program, Hilary E. Ware, vice president and associate general counsel, litigation and regulatory affairs, at Netflix, Inc.; Renée T. Lawson, vice president and deputy general counsel at Zynga, Inc.; and Monica S. Desai, a partner at Squire Patton Boggs, discussed TCPA best practices and potential pitfalls; how to get ahead of litigation risks; and strategies for managing privacy, security and TCPA class litigation. See also “What Companies Need to Know About the FCC’s Actions Against Unwanted Calls and Texts” (Jul. 1, 2015).

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  • From Vol. 2 No.4 (Feb. 17, 2016)

    Legal and Regulatory Expectations for Mobile Device Privacy and Security (Part Two of Two)

    Companies are capitalizing on increased personal and professional mobile device use by collecting, storing and sharing mobile-generated information to improve products and services and target advertising. During a recent webinar, WilmerHale partners D. Reed Freeman, Jr. and Heather Zachary examined the latest federal, state and self-regulatory privacy and data security expectations tied to mobile devices. In this second installment of our two-part series, Freeman and Zachary address: how to ensure compliance in the use of cross-device advertising and tracking; Telephone Consumer Protection Act lessons; and key differences in Canada and E.U. regulations. Part one covered how practitioners can navigate the regulatory environment for mobile advertising, including self-regulatory guidance and the increasingly important role of the FCC. See also “FTC Chair Addresses the Agency’s Data Privacy Concerns With Cross-Device Tracking” (Nov. 25, 2015).

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  • From Vol. 1 No.18 (Dec. 9, 2015)

    The Multifaceted Role of In-House Counsel in Cybersecurity 

    To effectively advise corporations on cybersecurity issues, in-house counsel must navigate myriad issues that can vary across industries, state and international jurisdictions as well as privacy and information security contexts.  A recent PLI program brought together privacy and information security counsel from various industries to share insights on the role of in-house counsel charged with securing business-critical and confidential data and technology.  They discussed the different responsibilities for data privacy and cybersecurity professionals, international data privacy and protection laws, and offered strategies for in-house counsel to prevent internal cybersecurity threats, develop breach prevention and response policies and handle vendors.  The panel was moderated by Lori E. Lesser, a partner at Simpson Thacher, and included top practitioners Rick Borden, chief privacy officer at the Depository Trust & Clearing Corporation; Nur-ul-Haq, U.S. privacy counsel at NBCUniversal Media; Michelle Ifill, senior vice president at Verizon and general counsel of Verizon Corporate Services; and Michelle Perez, assistant general counsel of privacy for Interpublic Group.  See “Analyzing and Complying with Cyber Law from Different Vantage Points (Part One of Two),” The Cybersecurity Law Report, Vol. 1, No. 8 (Jul. 15, 2015); and Part Two, Vol. 1, No. 9 (Jul. 29, 2015).

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  • From Vol. 1 No.7 (Jul. 1, 2015)

    What Companies Need to Know About the FCC’s Actions Against Unwanted Calls and Texts

    The FCC has sent a strong message to companies that it will proactively monitor and regulate consumer consent related to phone calls and texts.  The agency claims this is the largest source of consumer complaints it receives.  “It is clear that the FCC will be more active in this area of enforcement,” Jen Deitch Lavie, a partner at Manatt, Phelps & Phillips, told The Cybersecurity Law Report.  The FCC recently has taken actions in two different forms to enforce and clarify the Telephone Consumer Protection Act (TCPA).  During the month of June, the FCC sent a public warning to PayPal regarding planned amendments to its User Agreement.  PayPal subsequently announced it would modify that agreement to address the FCC’s concerns.  The FCC also adopted a package of declaratory rulings regarding robocalls and spam texts that clarifies and modifies the TCPA in significant ways.  See also “FCC Makes Its Mark on Cybersecurity Enforcement with Record Data Breach Settlement,” The Cybersecurity Law Report, Vol. 1, No. 2 (Apr. 22, 2015).

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