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The Consumer Financial Protection Bureau (“CFPB”) filed an interesting consent order in re: Dwolla, Inc. concerning their cyber security practices. 1)See “CFPB Takes Action Against Dwolla for Misrepresenting Data Security Practices”, available at http://www.consumerfinance.gov/newsroom/cfpb-takes-action-against-dwolla-for-misrepresenting-data-security-practices/.)) The order begins with CFPB identifying that it found, “deceptive acts and practices relating to false representations regarding [Dwolla’s] data-security practices”. […]Continue reading

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The FTC brought an administrative action against LabMD, a Georgia based medical testing lab, because of a security incident occurring within the company. A decision by the administrative law judge came out recently essentially saying the FTC failed to carry their burden in proving actual or likely substantial harm to consumers.1)See “Initial Decision Docket No. […]Continue reading

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Motor Carriers, that is interstate trucking companies, are granted the valuable right to define their relationship with shippers through a tariff, which is essentially a document setting out the rates, rules, and classifications pertaining to a shipment of goods.  At one time truckers were required to file these tariffs with the Interstate Commerce Commission (I.C.C.), […]Continue reading

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Social media discovery has long been used in family and criminal litigation, and it can be more widely utilized in casualty litigation as well.  Indeed, it is not uncommon to come across a timely post from the plaintiff describing how an accident occurred or a date-stamped admission of being “pain free.”  Moreover, plaintiff’s job search, […]Continue reading

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The Federal Trade Commission (FTC) is very active and interested in data breaches and other cyber security incidents. The federal government and many state governments are slowly adding legislation that specifically addresses issues of cyber security and data breach reporting, but while those efforts slowly produce narrowly focused legislation, the FTC is trail blazing by […]Continue reading

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Ashley Madison is a website devoted to facilitating adultery. That is literally their customer base – married individuals seeking to cheat on their spouses. Their trademark slogan is, “Life is short. Have an affair.” They further self-describe their operation as, “… the most recognized name in infidelity …” A widely reported breach of their servers […]Continue reading

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