As we previously reported, in December 2015, the FTC settled claims against Oracle that the company deceived consumers about security updates on Oracle’s Java Platform, Standard Edition software (Java SE). The FTC’s complaint specifically alleged that, as Oracle rolled out updates to users, the software only updated the most recent version persisting on the
Ronald I. Raether, Jr.
Ron leads the firm’s Privacy + Cyber team. Drawing from nearly 30 years of experience, he provides comprehensive services to companies in all aspects of privacy, security, data use, and risk mitigation. Clients rely on his in-depth understanding of technology and its application to their business to solve their most important challenges — from implementation and strategy to litigation and incident response. Ron and his team have redefined the boundaries of typical law firm privacy and cyber services in offering a 360 degree approach to tackling information governance issues. Their holistic services include drafting and implementing bespoke privacy programs, program implementation, licensing, financing and M&A transactions, incident response, privacy and cyber litigation, regulatory investigations, and enforcement experience.
California Federal Judge Dismisses TCPA Claim, Holds Express Consent Passed from Creditor to Collector
A federal judge recently dismissed a plaintiff’s Telephone Consumer Protection Act (“TCPA”) claim, holding that the consumer had given prior express consent to be contacted by her creditor’s collection agents regarding the underlying credit card debt.
Ashley Schwartz-Earp provided her cell phone number to a JC Penney cashier as part of a store credit card…
Stolen Laptop Leads to $3.9 Million Settlement for HIPAA Violations
Last week, a New York health conglomerate reached a settlement with the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), over potential Health Insurance Portability and Accountability Act (“HIPAA”) violations stemming from the theft of an employee laptop.
The OCR first …
New Privacy Shield Announced
On February 29, the FTC announced more tentative details of the Privacy Shield program, subject to a determination of adequacy from the EU prior to implementation.[1] The documents provided concurrent with the announcement suggest that the Privacy Shield program likely will include the following requirements in its final form:[2]
- Obtain affirmations from organizations
…
ASUS Settles with FTC Over Router Security
In February, the FTC settled claims against Taiwan-based computer hardware maker ASUSTek Computer, Inc. over allegations the company misled consumers about the security of its routers and cloud services. ASUS routers are used primarily in private homes to establish internet connections for personal devices such as laptops, tablets, and phones. The cloud services were provided…
Join Us for ACI’s 12th Cyber & Data Risk Insurance Conference in Chicago
We are pleased to announce that Troutman Sanders partner Ron Raether will be a featured speaker at the American Conference Institute’s 12th Cyber & Data Risk Insurance Conference in Chicago. The conference will take place over the course of two days and will address matters of critical importance to the cyber and data …
Class Action Filed in the Wake of Wendy’s Security Breach
Plaintiffs rush to the courthouse to be first in line to pursue lawsuits after notice of a breach is made. The latest example involves Wendy’s, where a plaintiff alleged that “Wendy’s approach at maintaining the privacy of Plaintiff’s and Class members’ [personally identifiable information (PII)] was lackadaisical, cavalier, reckless, or at the …
Join Us for the RSA Conference – Where the World Talks Security
We are pleased to announce that Troutman Sanders partner Ron Raether will be a featured panelist at the 2016 USA RSA Conference at the Moscone Center in San Francisco. Ron will participate on a panel entitled “Data Breach Litigation: How to Avoid It and Be Better Prepared for Defense” on Thursday, March 3 from 11:30…
Join Us for an Information Systems Security Association Webinar on February 5
We are pleased to announce that Troutman Sanders Partner Ron Raether will be a featured speaker during a live webinar, entitled, “Why are Transnational Criminal Enterprises Targeting the Financial Services Sector and is My Organization Prepared or are We the Next Victim?,” hosted by the Information Systems Security Association (ISSA) Financial Special Interest Group. The …
District Judge Throws Out Facebook Biometric Suit for Lack of Personal Jurisdiction
On January 21, U.S. District Judge Jorge L. Alonso dismissed a lawsuit against Facebook for lack of personal jurisdiction, holding that Facebook did not target its alleged biometric collection activities at Illinois residents. Judge Alonso did not grant plaintiff Frederick Gullen leave to amend.
The class action complaint, which was filed last August, …