Category Archives: Data Issues

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Is California’s Consumer Privacy Act of 2018 going to be GDPR version 2?

California
While there is time before the California Consumer Privacy Act of 2018 comes into effect, which is January 1, 2020, businesses need to start planning now for compliance. The CCPA provides California consumers with significantly expanded rights as to the collection and use of their personal information by businesses. It covers any business meeting revenue … Continue reading this entry

Court Rules Drivers Lack Standing to Pursue Claims Against Uber Because Data Breach Did Not Include Drivers’ Social Security Numbers

Uber
California companies housing their drivers’ personal information may feel less exposed to liability in light of the Northern District of California’s holding in Antman v. Uber Technologies, Inc. in May.[1] The trial court in Antman found that Uber was not liable to its drivers after hackers illicitly accessed their personal information through Uber’s computer system.[2] … Continue reading this entry

Integrating Information Security Into the Technology Development Process

GDPR
In a recent blog post, I discussed limitation of liability clauses in technology contracts. Given the favorable response to that post, I thought it would be of interest to discuss another misunderstood and frequently neglected area of technology contracting: information security warranties. Let me be more specific. Most well-drafted technology agreements contain specific warranties and … Continue reading this entry

California Moves Towards GDPR-like Privacy Protections in the California Consumer Privacy Act of 2018

CCPA At-A-Glance The new law gives consumers broad rights to access and control of their personal information and imposes technical, notice, and financial obligations on affected businesses. CCPA was enacted to protect the privacy of California consumers and has some similar characteristics to the EU’s General Data Protection Regulation (GDPR), including a new and very … Continue reading this entry

GDPR and U.S. eDiscovery - Who Will Win the Game of Chicken

GDPR
Well, it has now happened. The European Union’s new General Data Protection Regulation (GDPR) went into effect on May 25, 2018. In the lead up to G-Day, commentators published a voluminous amount of materials in legal journals, newsletters, and blog posts about what GDPR is, what it is supposed to accomplish, how to comply with … Continue reading this entry

Emerging Automotive Technologies Program -- May 22, 2018

Connected Cars
Please join us Foley’s Technology Industry Team for Emerging Automotive Technologies: Tomorrow’s Trends Today. TUESDAY, May 22, 2018 Lunch 12:30 p.m. — 1:30 p.m. Program 1:30 p.m. — 5:00 p.m. Reception 5:00 p.m. We will be joined by industry leaders, venture capitalists, and legal professionals who will discuss opportunities across the automotive ecosystem. REGISTER TODAY … Continue reading this entry

Foley & Lardner to Host 2018 Brainbabe - STEAM Conference Connection Kick-off

Please join Foley’s Technology Industry Team on Thursday, January 25, 2018 at Foley’s Boston office (111 Huntington Avenue, 25th Floor, Boston, MA 02119) as we host Brainbabe’s STEAM Conference Connection Kick-off. Click HERE to register. Deidre Diamond, CyberSN and Brainbabe Founder and CEO will be presenting. This is a MUST ATTEND event for all cyber … Continue reading this entry

Foley to Host Roundtable: Let's Go to the Game

Please join us for a roundtable discussion led by industry experts who will discuss two timely topics impacting the sports and technology industries today covering using technology to sell the live game experience in professional and collegiate sports. The discussion will take place at Foley’s New York office on January 18, 2018 from 4:00 p.m. … Continue reading this entry

Companies Outside Retail and Financial Industries May Have Additional Arguments to Challenge Standing in Data Breach Cases

The data breach at the U.S. Office of Personnel Management was one of the most serious and possibly one of the top 10 largest data breaches of the 21st century, compromising background investigation records for some 22 million current and former federal employees.  But a class action lawsuit brought on behalf of those employees was … Continue reading this entry

The Impact of Employee Training on Cybersecurity Breaches

Every organization is exposed to information security threats daily. It is essential that organizations have an information security protection program that is properly designed, documented, executed, and updated to minimize exposure to information loss, disruption of operations, and liability to third parties and regulators. An effective cybersecurity risk management program requires an effective governance structure … Continue reading this entry

Cloud Computing 101: Tips to Control Waste

In an industry poised to exceed $250 billion in the the coming years, there isn’t a better time to review your cloud deals to ensure your company is getting maximum value for its cloud spend. As Ian Barker reports, companies are wasting an enormous amount of money on cloud services. These excess costs can be reduced … Continue reading this entry

Tech Startups Play Critical Role in Development of Self-Driving Cars, According to Foley Survey

tech startups
Automakers and suppliers have been joined by a growing list of early-stage and established technology companies from outside the traditional automotive supply base in the race to build a truly connected car, and ultimately the first completely autonomous vehicle.… Continue reading this entry

Looking Ahead: Top Issues Impacting the Tech Industry in 2017

As technology continues to reshape how business gets done and the way people live their lives, there are many reasons to be excited about the tech industry’s prospects heading into 2017. The more than 300 executives, investors, and advisors that recently convened in Boston for Foley & Lardner’s annual FoleyTECH Boston 2016 conference, discussed the … Continue reading this entry

Tips for Protecting Your Company Against Cyberattacks

Cybersecurity has become, as it should, an extremely important topic on company boards’ agendas. The main question on everyone’s mind is: “How can we eliminate this problem?” The answer, unfortunately, is that you can’t. Hackers are becoming more sophisticated, and their knowledge evolves with every new technology. As discussed by a panel of experts at … Continue reading this entry

Three Trending Topics in IoT: Privacy, Security, and Fog Computing

Cisco has estimated that there will be 50 billion Internet of Things (IoT) devices connected to the Internet by the year 2020. IoT has been a buzzword over the past couple of years. However, the buzz surrounding IoT in the year 2015 has IoT enthusiasts particularly excited. This year, IoT has taken center stage at … Continue reading this entry

Acquisition of HERE – a Prime Example of How IP Can “Drive” Value

Earlier this month, the news reported that several automakers, including BMW, Audi and Daimler, agreed to acquire HERE Global (Nokia’s map business) for $2.8 billion. Reuters reported that HERE’s primary competitor is Google Maps, and that the automakers outbid Uber and Baidu. Why would the automakers pay billions for an alternative to Google Maps? What … Continue reading this entry

Mark Your Calendars: 2015 FOLEYTech Summit

Join us on October 1, 2015 as we explore how the evolution of technology has transformed business and altered the investing landscape. Our 11th annual FOLEYTech Summit will bring together tech entrepreneurs, executives, managers, investors and advisers.… Continue reading this entry

Top Three Cybersecurity Misconceptions

Cybersecurity is an issue that should be top-of-mind for all companies. But there are three misconceptions about cybersecurity that can put companies at significant risk. In this video, Foley Partner Michael Overly discusses these misconceptions and how companies should change their views of and approaches to cybersecurity.… Continue reading this entry

Taking Control of Cybersecurity: What Emerging Companies Need to Know

Security breaches have become all too common, and cyberattacks are not limited to the assaults on big companies that are reported in the news. With the global economic cost of cybercrime totaling more than $400 billion per year, cybersecurity has become a priority for executives and board members. Companies of all sizes across all industries should be … Continue reading this entry

IoT – It’s All About the Data, Right?

A few weeks ago, the FTC released a report on the Internet of Things (IoT). IoT refers to “things” such as devices or sensors – other than computers, smartphones, or tablets – that connect, communicate or transmit information with or between each other through the Internet. This year, there are estimated to be over 25 … Continue reading this entry

Regulatory Challenges Facing the mHealth Industry

Innovations in health care technology have created unique challenges for developers and investment companies. Among others, changing FDA guidelines, data security, and reimbursement are all substantial issues facing the rapidly evolving mobile health (mHealth) industry. At the 2014 FOLEYTech Summit, Foley special counsel Monica Chmielewski assembled a panel of industry leaders – Mary Modahl, Chief … Continue reading this entry

Tips for Protecting Your Data

With the global economic cost of cybercrime totaling more than $400 billion per year and breaches affecting companies ranging from retailers (e.g. Target, Walmart and Staples) and restaurants (Dairy Queen and Jimmy John’s) to tech companies (Snapchat), banks (JPMorgan), electronics and entertainment enterprises (Sony Corporation) and even NASA, companies of all sizes across all industries … Continue reading this entry

Big Companies Should Think and Act Like Startups to Keep Data Safe

With data security breaches now a shockingly common part of modern life, businesses of all sizes are scrambling to bolster their defenses. In this guest commentary in the Boston Business Journal, we explain how businesses can fight against data breaches by taking tips from startups, and even the hackers themselves. Here’s how: Think opportunity, not crisis. … Continue reading this entry

No, Seriously: Don't Forget the Minimum Wage

Start-up companies are often in cost-saving mode, but when it comes to employees, be prepared to pay at least a minimum wage. Many companies forget about it. All companies, regardless of size, must pay either the applicable state minimum wage (currently $8.00 per hour in Massachusetts) or $455 per week of salary for someone who … Continue reading this entry