Daniel Rockey

Sep 12, 2024 | jdsupra.com | Christian M. Auty |Daniel Rockey

Communication during a data breach is challenging in the best of circumstances, and control of information, especially early in a breach response, is critical. Below are some DOs and DON’Ts for communicating during a data breach. The security incident response process inevitably brings a myriad of challenges for a company unfortunate enough to experience one.

Sep 11, 2024 | jdsupra.com | Christian M. Auty |Daniel Rockey

With the recent wave of ransomware and other security incidents, it is now more important than ever for impacted organizations to have a thorough understanding of each element of a proper data breach response. That includes consideration of attorney-client privilege and work product issues when retaining third party consultants and vendors.

Aug 19, 2024 | jdsupra.com | Christian M. Auty |Daniel Rockey

It has now become commonplace for Plaintiffs’ attorneys to bring claims alleging that routine marketing techniques, including the deployment of behavioral advertising cookies and pixels, constitute wiretaps in violation of state and federal wiretap laws passed before the internet came into existence.

Jul 3, 2024 | jdsupra.com | Christian M. Auty |Merrit Jones |Daniel Rockey

A recent trend in litigation has emerged that is causing companies to re-think conventional wisdom. Until now, it has been a widely adopted best practice for retailers and other consumer-facing companies to include mandatory arbitration provisions in their Terms of Service and other consumer agreements.

Jul 1, 2024 | jdsupra.com | Merrit Jones |Daniel Rockey

A new California law that prohibits charging hidden fees for goods and services takes effect on July 1. After that date, all fees, with a few limited exceptions, must be disclosed at the outset of a consumer transaction and represented in the initial purchase price.