Balough
July 7, 2015
The Federal Trade Commission (FTC) is offering ten “lessons learned” by businesses whose data was breached and the agency took enforcement action. The ten lessons were distilled from 50 FTC law enforcement actions against various businesses, which ultimately were settled. The alleged lapses by the companies “involve basic, fundamental security missteps,” the FTC notes in […]
Balough
June 23, 2015
The Illinois Supreme Court affirmed both the trial court and appellate court that a post stating a candidate “is a Sandusky waiting to be exposed” is defamatory per se because it asserts a fact, not opinion. The case involves a trial court’s order requiring Comcast Cable Communication, LLC to provide the name of a subscriber who […]
Balough
June 23, 2015
Richard C. Balough was one of the participants in a panel discussion on “Online Privacy & Data Security Soup to Nuts: A Primer and Update on Important Developments for the Business Lawyer.” The four-member panel shared an overview of the most important U.S. federal privacy and data security laws and regulations, the development of similar […]
Balough
June 19, 2015
If Google Earth says you’re north of the border it’s not “hearsay.” The Ninth Circuit found that a “tack” placed on a Google Earth map is not hearsay because the rule applies only to out-of-court statements by persons. “Here, the relevant assertion isn’t made by a person; it’s made by the Google Earth program,” so […]
Balough
June 16, 2015
Ransomware attacks spiked in 2015’s first quarter as new “families” of the malware have appeared. The new ransomwares have more evasive techniques to avoid detection and now also are targeting mobile platforms, McAfee Labs reports in its latest Threats Report. Ransomware programs are malicious software that encrypts data on a computer and prevent the owner […]
Balough
June 13, 2015
PayPal, Inc.’s new User Agreement may violate federal laws concerning the use of autodialed, prerecorded, and artificial voice calls, the Federal Communications Commission (FCC) warned. As of July 1, 2015, PayPal’s users must “consent to receive autodialed or prerecorded calls and text messages from PayPal at any telephone number that you have provided to us […]
Balough
June 12, 2015
For those participating in the crowdfunding for The Doom That Came to Atlantic City, their investment was doomed by the promoter who used the funds for himself. In its first crowdfunding case, the Federal Trade Commission reached a settlement with Erik Chevalier, d/b/a The Forking Path, Co. Under the settlement, Chevalier is prohibited from making […]
Balough
May 19, 2015
The question companies face today about the vulnerability of their data is not if their network will be comprised but rather when, the 2015 Cisco Annual Security Report finds. Security professionals say they are optimistic that they can hold back attackers, the report states. However, in the end “security is a numbers game: Even if […]
Balough
April 27, 2015
Retailers are listening to their customers’ smart phones, and that’s a problem, the majority of the Federal Trade Commission (FTC) found. The issue concerns a company that provided a program that secretly tracked customer movements in and around stores using their smart phones and not telling customers they are being tracked, even though the company’s […]
Balough
April 18, 2015
Customers whose images were captured by spyware put on their rental computers from a franchisee of Aaron’s, Inc. may file a class action, the Third Circuit ruled, reversing a trial court’s decision. The appellate court found that the plaintiffs’ proposed classes were ascertainable and not vague. As a result, the plaintiffs may proceed with their […]
