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Data Breach

4 lessons from dismissal in Michaels and SuperValu cases

When most people think of data breach lawsuits, they think of large class action cases and settlements like Remijas v. Neiman Marcus and Target. But the vast majority of courts are denying class certification in cyber security cases. Within nearly a week of each other, two federal courts in New …

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Data Breach

FTC Fines Company $250k for Falsely Claiming Its Software Provided “Encryption”

The FTC recently announced settlement with Henry Schein Practice Solutions for $250,000 in exchange for resolving the FTC’s claims that Schein falsely advertised that its dental office management software provided encryption. You can read the article, “The Database Software says it is ‘encrypted’… but is it?” here at McDonald Hopkins’ …

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JFK

New JFK Assassination / FOIA Opinion (Morley v. CIA)

A January 2016 opinion from the Court of Appeals for the District of Columbia Circuit sheds more light on the “public-benefit factor” regarding entitlement to attorney fees under the Freedom of Information Act (FOIA) than it does provide information about the subject of the case: the Kennedy Assassination. For more than …

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Data Breach

South Florida-based Cryptsy Exchange Closed Down by Hackers (& Lawsuit)

If you log onto the once-popular virtual currency exchange, Cryptsy, you can see the virtual version of tumbleweeds blowing through a western town in the form of “volume – 00.00” across the board. On January 14, 2016, the host “Big” Paul Vernor posted this blog post stating that hackers had …

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Proposals for Settlement

First and Fourth DCA: Conflict on Strict Construction of Proposal for Settlement

The First District Court of Appeal, for the second time, has called out a conflict with the Fourth DCA regarding how strictly the rule must be construed. In Colvin v. North Florida Women’s Care, a plaintiff served on the defendant a proposal for settlement for $20,000.  She proceeded to trial …

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Drones

Register Your Drone with FAA — Businesses, Hobbyists, and Parent Who Bought One Over The Holidays

You likely have heard that the FAA has required every drone to be registered.  And, especially with the holidays, that particular task may have fallen down your list of things to do.  Change that. Drone registration is mandatory.  Even the large amateur drone association(s) finally concluded that everyone should go …

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1st Amendment

Injunction for Cyberstalking in Florida Reversed

During the May 2014 Billboard Music Award show, a hologram of Michael Jackson wowed the crowd as he/it performed the song, “Slave to the Rhythm.”  You can see the performance here. Lawsuits regarding the hologram arose between two companies involving patent and business tort disputes.  According to the allegations, Alkiviades David, …

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1st Amendment

Fourth DCA: Internet Review of Lawyer Is Libel Per Se

Posting an online review of a lawyer’s services which include false claims that the lawyer lied about attorney fees and falsified a contract is libel per se, ruled the Florida Fourth District Court of Appeal on January 6, 2016. Even though the parties had settled their case and at least …

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Ethics

LinkedIn Profiles – What Should New York and Florida Lawyers Do?

According to a recent study, 42% of Florida lawyers used LinkedIn for professional purposes.  An ABA study suggests 90% of firms of all size have a LinkedIn profile. Two helpful but conflicting ethics opinions regarding lawyers’ use of LinkedIn have come from the New York City Bar (“NYC Bar”) and …

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iOS

How Jurors Use Technology in 2016

In 2011, 2014, and (now) 2016, I have written columns for the Palm Beach Bar regarding how jurors use technology. 2016 is different. The question is no longer whether jurors are using technology (they are), the question is what is their relationship with technology.  Even if someone is extremely tech-savvy, they may …

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JFK

Grand-Daughter of Orville Nix Sues Government for Return of JFK Assassination Film

While the Zapruder film has become a widely-recognized piece of history, the Nix film has been its silent step-sister.  Abraham Zapruder, of course, shot the sixteen second film from atop the Grassy Knoll which captured the initial and fatal shot of President Kennedy.  Mr. Nix was standing on the opposite …

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Data Breach

Nine Ways that Companies Get Hacked

This one page article explains the 9 most common ways your clients and companies get hacked — in a single page Palm Beach Bar article. Don’t know a DDOS from a SQL attack? Brute force or a reverse brute force. Read the kama sutra of hacking-for-lawyers, here.

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Data Breach

The Government Can Sue Your Company For Negligent Cyber Security

The recent cases of FTC v. Wyndham and In Re TerraComm and YourTel America, we have seen that federal government agencies are pursuing companies who have negligent cybersecurity standards — and the government is winning. In fact, the government need not point to specific statutory violations to win these cybersecurity cases …

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Data Breach

20+ Federal Government Agencies’ Standards for Cyber Security

In light of the rulings in FTC v Wyndham and In Re TerraCom and YourTel, it is evident that government agencies are taking the position that they can pursue “common law” cyber security negligence claims rather than relying on standards set by regulation or statute.  At least some of these …

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Data Breach

Department of Defense: Interim Rule on CyberSecurity

The Department of Defense has issued an Interim Rule amending the Defense Federal Acquisition Regulation Supplement (DFARS). The specific focus is on new rules  which require contractor reporting on network penetrations. Additionally, this Rule implements DoD policy on the purchase of cloud computing services. The Interim Rule is here. According to …

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