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U.S. District Court Dismisses FTC’s D-Link Unfairness Claim in Enforcement Action

Oct 2 2017
Morrison Mahoney partner Robert A. Stern discusses a recent U.S. District Court decision in FTC v. D-Link that may call into question the FTC’s ability to maintain cybersecurity enforcement actions under the unfairness practices prong of the unfairness doctrine against organizations that have security flaws in their products that leave consumers’ data at risk, but has not resulted in a data breach or actual harm to any consumers.

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Scammers Evolve Tactics for Medical Equipment, Sham Clinics, Nerve Tests

May 1 2017
New schemes have emerged and expanded into yet more-sophisticated versions involving medical equipment, medical clinics, laundering of ill-gotten profits, illicit claims for medical pain drugs, and false nerve testing. The article, published in the Journal of Insurance Fraud in America (JIFA) for the Coalition Against Insurance Fraud, discusses the trends in the context of no-fault coverage.

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ACC Issues Cybersecurity Guidelines for Outside Counsel

Mar 31 2017
Morrison Mahoney partner Robert A. Stern highlights the cybersecurity guidelines issued this week by the Association of Corporate Counsel, setting forth suggested Model Controls for their member companies to require of their outside law firms.

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New York State Cybersecurity Regulation Set to Take Effect on March 1, 2017

Feb 28 2017
Robert A. Stern and Daniel S. Marvin recently wrote about the New York Department of Financial Services (“DFS”) publication of the revised proposed cybersecurity regulation. On February 16th, the DFS released the final regulation (the “Regulation”) goes into effect on March 1st without much substantive changes from the proposed revised regulation that was published in December 2016.

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The State of Article III Standing in the Third Circuit under Horizon Healthcare Services, Inc. Data Breach Litigation - And More

Feb 21 2017
Morrison Mahoney partner Robert A. Stern discusses the Third Circuit’s recent decision, in Horizon Healthcare Services, Inc. Data Breach Litigation, where the Court held that the plaintiffs had alleged Article III standing to sue under the Fair Credit Reporting Act (“FCRA”), because the statute reflected an express remedy for the unauthorized transfer of personal information, the violation of which gave rise to a de facto injury for standing purposes, and discusses recent decisions from other circuit courts addressing standing based on alleged statutory violations.

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