California, economic, followers, Fox News, Kravitz, Phonedog, social media, trade secrets, twitter, value

Twitter Followers = Trade Secrets?

By InfoLawGroup LLP on January 06, 2012

Phonedog v. Kravitz, currently pending in the Northern District of California, raises unprecedented issues regarding social media. Is a list of Twitter followers protected as trade secret under California law? What is the value of a Twitter follower? $2.50 per month? I discussed these questions today with Fox News.

children's online privacy protection act, COPPA, data protection, Directive, gottshall, InfoLawGroup, information law group, mobile privacy, OBA, privacy, tracking

Privacy Hot Topics for 2012

By Justine Young Gottshall on January 03, 2012

As 2011 is coming to a close, many of us are thinking about what 2012 will bring. With regard to privacy, there are numerous key issues to choose from (and I am sure many privacy professionals would add to this list) - but from a corporate compliance standpoint, here are my top five picks for hot topics to address in 2012:

Boris, data, enforcement, Facebook, InfoLawGroup, information law group, National Labor Relations Act, National Labor Relations Board, NLRA, NLRB, privacy, protection, Segalis, social media, workplace privacy

NLRB Holds "Facebook" Firing Justified on Alternative Grounds, but Finds Policy Unlawful

By InfoLawGroup LLP on November 03, 2011

As we have discussed on our blog, the National Labor Relations Board (NLRB) has continued a campaign of enforcement actions against employers who, according to the NLRB, have unlawfully terminated employees for discussing working conditions on social media. As we reported, in the first of such "Facebook" enforcement actions to come before an NLRB administrative judge, the employer was ordered to reinstate five employees and to pay back their wages.On September 28, 2011, in the second "Facebook" case to reach an NLRB administrative judge, an employer was found to have been justified in terminating an employee car salesman for Facebook postings that mocked the employer and did not concern working conditions

damages, data breach, Hannaford, motion to dismiss Hannaford data breach payment card PCI DSS, payment card, PCI DSS

Federal Appeals Court Holds Identity Theft Insurance/Credit Monitoring Costs Constitute "Damages" in Hannaford Breach Case

By InfoLawGroup LLP on October 24, 2011

In a significant development that could materially increase the liability risk associated with payment card security breaches (and personal data security breaches, in general), the U.S. Court of Appeals 1st Circuit (the "Court of Appeals") held that payment card replacement fees and identity theft insurance/credit monitoring costs are adequately alleged as mitigation damages for purposes of negligence and an implied breach of contract claim. The decision in Hannaford could be a game changer in terms of the legal risk environment related to personal data breaches, and especially payment card breaches where fraud has been perpetrated. In this post, we summarize the key issues and holdings of the Court of Appeals.