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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Michelle Kisloff

Posts by Michelle Kisloff
Posted in Data Protection & Privacy Christine GateauTim WybitulMichelle Kisloff

Data Class Actions: the era of mass data litigation

Class actions are commonplace in the United States but relatively rare in Europe.

The European Union wants to change that, by facilitating class actions for mass privacy and data breaches.

With the development of big data, the scope and impact of potential data breaches or losses have indeed significantly increased. In the EU, the GDPR comes into effect. Due to … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Michelle KisloffPaul OttoJoe Vladeck

Hogan Lovells Represents Sears in First-Ever Modification to FTC Privacy Consent Order, Clarifying FTC Expectations for Data Collection in Mobile Applications

The U.S. Federal Trade Commission has approved Sears Holdings Management Corporation’s request to amend the terms of Sears’ 2009 consent order (the “Order”) in a manner that helpfully clarifies the lead U.S. privacy regulator’s views of notice and consent in the marketplace for mobile applications (“mobile apps”). After reviewing Sears’ petition and public comments, the Commission agreed with Sears that, … Continue Reading

Posted in Data Protection & Privacy Julie BrillMichelle KisloffKatherine Gasztonyi

FTC Unanimously Overturns Dismissal of LabMD Security Practices Case

In a case that could have far-reaching implications for how companies are held liable for data security lapses, the FTC issued an order and opinion unanimously overturning its Chief Administrative Law Judge’s (ALJ) November 2015 dismissal of charges that LabMD’s allegedly lax data security measures were unfair practices under Section 5 of the FTC Act (see our coverage of the … Continue Reading

Posted in Data Protection & Privacy Harriet PearsonMichelle Kisloff

Seventh Circuit Finds Article III Standing Following Data Breach, but Significant Hurdles Remain for Plaintiffs Seeking Recovery

In a move counter to the trending precedent in data breach litigation, the U. S. Court of Appeals for the Seventh Circuit ruled on July 20 that data breach plaintiffs whose personal information was potentially exposed in a confirmed hacking breach of a major retailer’s network alleged enough risk of harm to meet the standing requirements of Article III of … Continue Reading