On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo, Inc., regarding the company’s practice of pre-loading advertising software on its laptops that compromised consumers’ cybersecurity and privacy.1 In many respects, the case was reasonably straightforward: the facts as alleged were clear, and the terms of the settlement were not unusual. But what makes this case interesting are the dueling concurrences issued by Acting Chairman Ohlhausen and Commissioner McSweeny regarding the FTC’s authority to challenge omissions. These concurrences continue a debate that has been stirring on and off at the FTC for more than 30 years, and they raise important questions about the agency’s future enforcement priorities.
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The European Start-Up’s Guide to U.S. Data Privacy
Complying with UK and EU data privacy regulations often presents a significant challenge for start-ups based in those regions. UK and EU start-ups expanding to the U.S. similarly need to be aware of U.S. data
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European Court of Justice to Rule on Validity of Standard Contractual Clauses
On October 3, 2017, the High Court of Ireland issued its decision in Data Protection Commissioner vs Facebook and Schrems concerning the validity of the EU Standard Contractual Clauses (SCCs)—a mechanism used by a very
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Lenovo Settles FTC Charges Regarding Pre-Installed Software That Compromised Consumers’ Cybersecurity and Privacy
On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo regarding the company’s practice of pre-loading software on its laptops that compromised consumers’
Continue Reading Lenovo Settles FTC Charges Regarding Pre-Installed Software That Compromised Consumers’ Cybersecurity and Privacy
The Serious and Immense Impact of a Medical Device Hack
On August 25, 2016, investment firm Muddy Waters Research announced it had taken a short position in St. Jude Medical, Inc., and released a report suggesting a “strong possibility that close to half of” St.
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W-2 Phishing Scammers Are Targeting Tech Companies
The W-2 phishing scams are back. Fraudsters have learned that W-2 phishing scams can be highly effective when targeting businesses while they are handling and sending employee income-tax-related documents early in a new year. Once
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