jump to navigation

Faith Kasparian Comments on Privacy & Data Security Implications of Burger King’s New Google-Triggering Ad 04/14/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Intellectual Property, Privacy and Data Security.
Tags: , , , , , ,
add a comment

FDK Headshot Photo 2015 (M0846572xB1386)Intellectual property attorney Faith Kasparian comments on the potential privacy and data security repercussions of Burger King’s new ad in Bloomberg’s article, “Burger King’s Google-Triggering Ad Invites Complaints, Scrutiny“. The article discusses Burger King’s recent ad controversy, after it prompted consumers’ Google Home devices to respond to the prompt “OK, Google. What is the Whopper burger?”.

Faith notes that:

It’s unreasonable for Google not to have appropriate mechanisms in place so that the device couldn’t be activated by a third party.

She also states that the FTC could have a claim against Google for the ad since consumers did not receive proper disclosures, and that Google could also take legal action against Burger King for “inappropriately leveraging that device”.

For more information on the legal implications of the ad, read Bloomberg’s article.

List Mania: Top IP Developments of 2016 04/04/2017

Posted by Morse Barnes-Brown Pendleton in Computer Software & Hardware, Intellectual Property, Internet and E-Commerce, Privacy and Data Security, Telecommunications & Networking.
Tags: , , , ,
add a comment

wrs-headshot-photo-2016-m0980966xb1386While you may have been distracted by a tumultuous 2016, at MBBP we have been monitoring developments in intellectual property. We are happy to present, in no particular order, our list of the top IP developments of 2016, plus an Honorable Mention for 2017.

In the full article on our website, “List Mania: Top IP Developments of 2016“, Bill Schmidt covers the following developments:

  1. Patent Infringement Plaintiffs Get a “Halo”: Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc.
  2. A Light at the End of the Tunnel for Software Patents?: Enfish v. Microsoft Corp.
  3. High Octane Fee Shifting: Octane Fitness, LLC v. Icon health & Fitness, Inc.
  4. Limits on “Common Sense”: Arendi S.A.R.L. v. Apple
  5. Shhh… It’s a Secret: Defend Trade Secrets Act of 2016
  6. Designs, Damages, and Dinner Plates: Apple Inc. v. Samsung Electronics Co.
  7. Personal Information Expressway: EU-US Privacy Shield Framework
  8. In Defense of Abbott and Costello: TCA Television Corp. v. McCollum
  9. Thanks, but No Thanks: UK votes to exit the European Union
  10. Honorable Mention for 2017: CRISPR/Cas9

Privacy & Data Security Video: Privacy & Data Security Issues for Service Recipients and Service Providers 11/01/2016

Posted by Morse Barnes-Brown Pendleton in Client News, Intellectual Property, Privacy and Data Security.
Tags: , , , , , , , ,
add a comment

In our eighth and final Privacy & Data Security video clip, MBBP attorney Faith Kasparian discusses how companies sharing information with third-party service providers can create liabilities, both because many data breaches arise from third-party access, and because companies fail to oversee these third parties as required by law.  Faith will guide you through a few key points relevant to both service recipients and service providers.

Make sure to subscribe to our YouTube channel and to check out our Privacy & Data Security playlist for related videos.

fdkvideo8

Privacy & Data Security Video: Understanding the Children’s Online Privacy Protection Act (COPPA) 10/24/2016

Posted by Morse Barnes-Brown Pendleton in Attorney News, Privacy and Data Security.
Tags: , , , , , , ,
add a comment

In our seventh Privacy & Data Security video clip, MBBP attorney Faith Kasparian discusses key points concerning the scope of the Children’s Online Privacy Protection Act (COPPA), and why it is critical that businesses comply with the act.

Make sure to subscribe to our YouTube channel and to check out our Privacy & Data Security playlist for related videos.

fdkvideo7

Privacy & Data Security Video: Data Breach Response Requirements 10/17/2016

Posted by Morse Barnes-Brown Pendleton in Attorney News, Privacy and Data Security.
Tags: , , , , , , , , , ,
add a comment

In our sixth Privacy & Data Security video clip, attorney Sandy Kahn discusses the steps the law requires you to take if your company experiences a data breach.

Make sure to subscribe to our YouTube channel and to check out our Privacy & Data Security playlist for related videos.

sekvideo6

Privacy & Data Security Video: Privacy and Data Security in the Cloud 10/11/2016

Posted by Morse Barnes-Brown Pendleton in Attorney News, Computer Software & Hardware, Intellectual Property, Privacy and Data Security.
Tags: , , , , , , , , ,
add a comment

In our fifth Privacy & Data Security video clip, MBBP attorney Howard Zaharoff identifies the legal and practical measures that both cloud providers and cloud customers should take, including the critical terms each should require in their contracts.

Make sure to subscribe to our YouTube channel and to check out our Privacy & Data Security playlist for related videos.

hgzvideo5

Privacy & Data Security Video: The Importance of Developing an Accurate Privacy Policy 10/04/2016

Posted by Morse Barnes-Brown Pendleton in Attorney News, Privacy and Data Security.
Tags: , , , , , , , , , ,
add a comment

In our fourth Privacy & Data Security video clip, MBBP attorney Faith Kasparian discusses how having an inaccurate privacy policy may expose your business to liability for unfair and deceptive trade practices.

Make sure to subscribe to our YouTube channel and to check out our Privacy & Data Security playlist for related videos.

fdkvideo4

Privacy & Data Security Video: Written Information Security Programs (WISPs) Under Massachusetts Law 09/26/2016

Posted by Morse Barnes-Brown Pendleton in Attorney News, Privacy and Data Security.
Tags: , , , , , , , , ,
add a comment

In our third Privacy & Data Security video clip, attorney Sandra Kahn discusses the importance of a company’s Written Information Security Program (WISP).  Specifically, Sandy explains the data security regulations that require every company that owns or licenses personal information about Massachusetts residents to develop, implement, and maintain a WISP.

Make sure to subscribe to our YouTube channel and to check out our Privacy & Data Security playlist for related videos.

sekvideo3

Privacy & Data Security Video: Privacy in M&A Transactions 09/19/2016

Posted by Morse Barnes-Brown Pendleton in Attorney News, Intellectual Property, Privacy and Data Security.
Tags: , , , , , , , , , , ,
add a comment

In our second Privacy & Data Security video clip, MBBP Attorney Faith Kasparian discusses key privacy and data security issues that companies must consider when participating in an acquisition.

Make sure to subscribe to our YouTube channel and to check out our Privacy & Data Security playlist for related videos.

fdkvideo2

Watch Attorney Howard Zaharoff in New “High-Level Overview of U.S. Privacy/Data Security Landscape” Video 09/12/2016

Posted by Morse Barnes-Brown Pendleton in Attorney News, Intellectual Property, Privacy and Data Security.
Tags: , , , , , , , ,
add a comment

For the next several weeks we will be releasing a series of eight videos of our attorneys discussing key privacy and data security considerations.  In our first video, Howard Zaharoff discuss the privacy and data security landscape, and provides an overview of the complex patchwork of state and federal laws governing privacy and data security in the United States.

You won’t want to miss our second video about Privacy in M&A Transactions! Stay tuned and subscribe to our YouTube channel to ensure that you don’t miss any posted videos!

hgzvideo1-m0950959xb1386

Privacy for the Peeple 10/27/2015

Posted by Morse Barnes-Brown Pendleton in Attorney News, Legal Developments.
Tags: , ,
add a comment

Callie L Pioli Web Hi Res Crop (M0702163)The concept behind the latest app startup, Peeple,  has been trending on almost every social and mainstream media outlet for weeks and has been collectively referred to as the “Yelp for People.” The app’s purpose is to allow users to rate individuals much the way they would a restaurant: one a one-five star rating system. Users must be over the age of 21 and have a Facebook account. All reviews must be posted under a user’s real name. As originally conceived, anyone you had ever given your phone number to, or anyone who could locate it in a directory, could create a Peeple profile for you. Once your profile was created, any user can post a review of you, whether you gave them your phone number or not and regardless of whether you yourself used the application. Upon learning of the application, many have asked “how is this even legal?

MBBP has the answer. Read the full article here.

Client Alert: 4,500 Companies Reeling as EU’s Highest Court Invalidates Safe Harbor 10/13/2015

Posted by Morse Barnes-Brown Pendleton in Legal Developments.
Tags: , ,
add a comment

client alertLast week, on October 6, the Court of Justice of the European Union (“CJEU”) issued a binding judgment invalidating the European Commission Decision that authorized the EU-U.S. Safe Harbor arrangement.  For the past fifteen years, this arrangement has been relied upon by many businesses to transfer personal data from the European Union to the United States in compliance with the EU Data Protection Directive. As a result of the CJEU’s judgment, self-certification under the Safe Harbor framework is no longer sufficient to comply with the Directive.

The CJEU judgment creates uncertainty for U.S. companies processing or storing EU data.  Without the protection of the Safe Harbor, U.S. organizations must take steps to ensure that any transmission of personal data from the European Union to the United States is carried out in compliance with the Directive.

The judgment also has implications for the European Union’s current efforts to reform the Directive and the U.S.-EU negotiations for a revised U.S.-EU Safe Harbor framework.

To learn more, please read the full Alert. Please do not hesitate to contact Morse, Barnes-Brown, and Pendleton’s privacy and data security team if you would like to discuss options for your business in light of this decision.

MBBP’s Faith Kasparian’s Article Draws National Interest 09/01/2015

Posted by Morse Barnes-Brown Pendleton in Privacy and Data Security.
Tags: , , ,
add a comment

IP Licensing and Trademark Attorney Faith KasparianMBBP Senior Attorney Faith Kasparian’s article on M&A privacy and compliance concerns (M&A Privacy and Compliance with Applicable Privacy Laws and Sharing of Customer Information) drew the attention of Reporter Katie Rucke of Communication Daily, who consequently called upon Faith to comment for a story Ms. Rucke was preparing for her publication. Ms. Rucke’s story, entitled Privacy Policies Should Say what Happens in M&A, Experts Say, appears in the August 17, 2015 edition of “the Daily”, as the “news source for communications regulation” is familiarly known.

The premise of Ms. Rucke’s story, that “a clause about the sale or transfer of data in the event of a merger, acquisition or bankruptcy should be included in every company’s privacy policy…”,  was validated by Faith’s stance. “If a privacy policy is too vague,” Attorney Kasparian is quoted as saying, “a company runs the risk that the disclosure that its data could be sold or transferred isn’t sufficiently clear, and the deal could fall through.”  Faith goes on to cite the example of a dating company in Texas which wanted to sell its list of users, but the privacy policy was found to be so ambiguous that the transaction was called off.

In the Daily story, Faith also authoritatively comments on other notable aspects of the privacy policy issue, such as a weak company privacy policy bringing down the selling price, and warns about the consequences of the FTC going after unfair and deceptive practices regarding these policies. To learn more, read the full article which can be found here.

Want To Stay Employed as a CIO? Better Get Privacy Right 08/25/2014

Posted by Morse Barnes-Brown Pendleton in Computer Software & Hardware, Intellectual Property, Internet and E-Commerce, Legal Developments, Privacy and Data Security.
Tags: , , , , ,
add a comment

Consumer privacy is emerging into a big headache for companies — and the CIO is bearing the brunt. Most companies analyze customer data in some way, and there are increasing amounts of legislation around how such data handling should be performed. Breaking the rules can land a company in hot water — and leave the CIO out of a job. Sensitive information is often copied from system to system by staff with little understanding of  privacy issues and risks surrounding sensitive data. As a result, it falls to the CIO to make sure that a customer privacy strategy is in place. To properly ensure consumer privacy, the CIO should make sure their company is complying with existing regulations, but also be prepared for possible data breaches.

To read the full article

Understanding the rapidly changing landscape of privacy and data security laws is critical for any business. For more information on how MBBP counsels clients in this area, visit our Privacy & Data Security practice or check out our related resources.

%d bloggers like this: