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"FTC v. D-Link Systems and the internet of things" by Elizabeth E. McGinn, and John B. Williams (Westlaw)
As businesses expand the availability of internet-connected devices, Buckley Sandler LLP attorneys Elizabeth McGinn, John Williams and Christopher Walczyszyn address the Federal Trade Commission’s role in regulating and enforcing “internet of things” device security to protect consumers’ data...
Articles"The Home Mortgage Disclosure Act: Common compliance challenges" by Sherry-Maria Safchuk (The Review of Banking & Financial Services)
Since 2015, financial institutions have been inundated with reviewing and implementing numerous changes to the Home Mortgage Disclosure Act (“HMDA”) as required by the Dodd-Frank Act. The act transferred HMDA rulemaking authority to the Bureau of Consumer Financial Protection (“Bureau”), added new...
Articles"Hurricane Florence: How state laws protect service members" by Jeffrey P. Naimon and Sasha Leonhardt (Law360)
As the southeastern United States braces for Hurricane Florence, the governors of North Carolina, South Carolina and Virginia have authorized their state National Guard for response efforts, and neighboring governors in Maryland and West Virginia have placed their National Guard members on notice...
Articles"Improving your odds on the gambling frontier" by Andrew R. Louis, Kathryn L. Ryan, and Tim Lange (SportsBusiness Journal)
The Supreme Court has laid the groundwork for sports betting in any state that wants it, but those predicting an imminent land grab by betting houses may not fully appreciate the deliberate and occasionally painstaking process that most states will likely implement. Careful planning now to...
Articles"Tossing life preservers into floodwaters: Next steps for the mortgage and flood insurance markets" co-authored by Melissa Klimkiewicz (Aon Risk Solutions)
As hurricane seasons go, 2017’s stands as the most expensive in U.S. history. Yet the winds that hit the Florida Keys and Puerto Rico were not unprecedented. Indeed, given the long break since the Katrina, Rita, and Wilma landfalls of 2004-2005, there was some sense that hurricanes Irma and Maria...
Articles"The devil is in the details: LabMD imposes limitations on the FTC’s enforcement authority" by Elizabeth E. McGinn and Sasha Leonhardt, (Cybersecurity Law Report)
In the latest data security case with significant implications for all enforcement actions, the United States Court of Appeals for the Eleventh Circuit struck down a cease-and-desist order as impermissibly vague. By ruling against the FTC in its long-running and contentious dispute with LabMD, the...
Articles"‘Reasonable security’: A moving target" by Elizabeth E. McGinn (Cyber Security)
The concept of ‘reasonable security’ for personal information maintained by financial institutions began with the Gramm-Leach-Bliley Act (GLBA). On 12th November, 1999, Congress enacted GLBA, a landmark privacy and data security law which required the federal financial regulatory agencies to...
Articles"How teams can mitigate risk of ticket broker suits" by Andrew R. Louis (Sports Litigation Alert)
Ticket brokers — many a fan’s go-to for season passes or hard-to-get tickets for playoff games — have for decades played an integral role in the ticket supply chain. In some cases they have even enjoyed close, informal, and long-lasting relationships with teams across the country. But more recently...
Articles"Can you comment when SARs come up?" by Preston Burton (Banking Exchange)
Recent news related to the investigation of Russian influence in the U.S. political process has drawn the public’s attention to the Suspicious Activity Report (SAR) system and raised questions about its integrity. Financial institutions, among others, are required to file SARs with the Treasury...
Articles"Neither forgiven nor forgotten: Taxation and UDAAP concerns with collecting charged off debt" by Sasha Leonhardt (Bloomberg BNA)
When debtors are unable to pay their debts, creditors are left with a choice: (i) allow the consumer to pay a lesser amount, if possible, to settle the obligation and recover some funds; or (ii) charge off the debt and cease all collection efforts. Regardless of the path chosen, each has potential...
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