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 24, 2015
The general commercial use of drones still is illegal in the United States, but there are exceptions and proposed rules by the Federal Aviation Administration (FAA) will approve some commercial use. Because there are no clear answers, what should an attorney say? The legal issues surrounding unmanned aircraft systems is the subject of an article […]
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 17, 2015
Uber’s business model may be in trouble if a California Labor Commission’s finding that Uber drivers are employees, not independent contractors, is followed by California courts. Uber, the ride sharing service, has maintained that it merely provides “administrative support” through a “technology platform” that “private vehicle drivers and passengers use to facilitate private transactions.” Uber […]
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 20, 2015
The court handling the bankruptcy of RadioShack Corp. should place conditions on the sale of personal consumer information to honor the privacy policies of the now defunct company, the Federal Trade Commission said in a letter to the privacy ombudsman in the case. The FTC noted that RadioShack collected personal information from over 117 million […]
