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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.
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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.

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.
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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.

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

Posted by Morse Barnes-Brown Pendleton in Attorney News, Privacy and Data Security.
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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.

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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.
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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.

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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.
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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.

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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.
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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.

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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.
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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!

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Ad Network to pay $950,000 in civil penalties for alleged privacy misrepresentations and alleged COPPA violations 06/22/2016

Posted by Morse Barnes-Brown Pendleton in Client News, Internet and E-Commerce, New Resources.
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The Federal Trade Commission (FTC) today announced a settlement with InMobi, a Singapore-based mobile advertising network.  The FTC alleged that InMobi engaged in deceptive trade practices in violation of Section 5(a) of the FTC Act by misrepresenting its practices regarding online consumer tracking and collection of information from children.  The FTC also alleged that InMobi violated the Children’s Online Privacy Protection Act (COPPA) by failing to comply with COPPA’s notice requirements and failing to obtain verifiable parental consent before collecting and using personal information (including geolocation information) from children under the age of 13.

The penalties imposed were $4 million (suspended to $950,000 based on the company’s financial condition).  This case underscores the importance of ensuring that privacy representations are accurate and complying with COPPA.  Please contact Faith Kasparian if you have questions about privacy representations and/or whether COPPA applies to your business and how to comply.

Howard Zaharoff Quoted in American Medical News Article 05/08/2012

Posted by Morse Barnes-Brown Pendleton in Attorney News.
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On April 30th, the American Medical Associations News site published an article titled “Doctors can risk lawsuits when writing about patients.” The article points out that doctors are generally aware of the Health Insurance Portability and Accountability Act (HIPAA) requirements, but may not take into account the privacy laws  that control publishing. The publication of a non-fiction book, a medical journal or even a blog post can raise claims of defamation, breach of privacy or violation of publicity rights. MBBP Attorney Howard Zaharoff had this to say:

IP and Technology Licensing Attorney Howard ZaharoffEspecially in the post-HIPAA era, medical professionals — doctors in particular — have both ethical and legal duties to maintain the confidentiality of their patients. Whatever they write, [doctors] have to find a way to do it without giving away the identities of the patients they’re writing about.

For the full article, please visit American Medical News.

For questions regarding privacy laws, please contact Howard Zaharoff.

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