Protect Your Data

How to Leverage Privacy as a Key Competitive Advantage

By Brian Lam and Cynthia Larose

“Privacy by design” – while not a new concept – is certainly enjoying a new spot in the sunshine thanks to the European Union’s General Data Protection Regulation (“GDPR”) (93 days and counting…) and its codification of “privacy by design and default” in Article 25.

Privacy can also be a key differentiator and a competitive advantage.  Read on for some points that can help drive your data privacy/data management program.

The FTC’s Uber Consent Order: A Warning to Fast-Growing Companies

BY Brian H. Lam and Cynthia J. Larose

Recently, Uber agreed to a proposed Federal Trade Commission (FTC) consent order (“Consent Order”) to settle charges in an FTC complaint (“Complaint”) regarding behavior stemming back to at least 2014. Acting Chairman Maureen K. Ohlhausen has stressed the implications this has for other companies:

FTC Asked to Investigate Google’s Matching of “Bricks to Clicks”

By Brian Lam & Cynthia Larose

Recently, the Electronic Privacy Information Center (“EPIC”) asked the FTC to begin an investigation into a Google program called “Store Sales Management.”  The purpose of Store Sales Management is to allow for the matching goods purchased in physical brick and mortar stores to the clicking of online ads, or as we refer to the practice, “Bricks to Clicks.”

Key Considerations for Adopting Ephemeral Communications Tools

By Adam Lenain

The combination of emerging technologies, information security risks and electronic discovery obligations continues to give rise to questions regarding best practices for adoption of modern ephemeral communication tools in lieu of more traditional forms of communication, particularly in the context of probable or pending litigation. Many businesses now employ various instant messaging systems, and employees routinely send work-related text messages and interact over collaboration applications--some of which enable automatic, or time of life, expiration and deletion of information (referred to as “ephemeral” communication).

What App Users Care About When Sharing Personal Data: Permissions

By Jane Haviland and Cynthia Larose

A Pew Research Center Report relayed useful information regarding application users’ concerns with sharing personal data.  Ninety percent of app users indicated that how their personal data will be used is “very” or “somewhat” important to them, and influences their decision to download an app.  Sixty percent of users decided against downloading an app when they saw how much personal information they would need to share. 

The (Best) Method to the Madness Behind Choosing a Company Name or Mark

The Wall Street Journal ran a print article on July 18, 2013 titled “What’s Behind Those Quirky Startup Names?” in which the author Lindsey Gellman discussed the derivation behind unique startup names such as Mibblio, Kaggle, Shodogg, and Zaarly. One of the reasons for these types of names and spellings, she says, is the need for short, recognizable .com web addresses in a space where more mainstream domain names are no longer available. 

Software Audits: Strategies for Licensees

By Julie Korostoff and Joseph DiCioccio

If you have received a software audit request from your software vendor or one of the industry trade groups representing software publishers, such as the Software & Information Industry Association (“SIIA”)1 or the Business Software Alliance (“BSA”)2 you are not alone. Over the past five years,3 software audits have become an increasingly common revenue-leakage recovery tool for software vendors.

FTC Takes Action Against Retail Tracking Start-Up Nomi Technologies

By Cynthia Larose

On April 23, 2015 the FTC settled deception charges against start-up Nomi Technologies, Inc. related to Nomi’s in-store, sensor-based, tracking technology.[1] This is the first FTC enforcement action against emerging retail store–based tracking technologies.