Tag Archives: Data Security

Recent Google sanctions should prompt review of data preservation practices

By Porter Wright on April 13, 2023

Close-up hands typing on keyboard laptop computer with chat box icons

A federal court in California ruled in favor of sanctions against Google last week for failing to preserve records. Google’s document retention policy required individual employees to identify internal chat conversations responsive to a litigation hold. The court found this policy to be in violation of Google’s duty to preserve electronically-stored information under the Federal … Continue Reading

Trends in behavioral advertising: What you need to know about cross-device tracking

By Porter Wright on February 20, 2017

The Federal Trade Commission (FTC) recently issued a staff report (available here) on the trend to link consumers’ online behavior across multiple devices. Among other recommendations, the FTC suggests that companies not track sensitive information which may include health, financial, children’s and precise geolocation information without the consumers’ affirmative express consent. The FTC also recommends … Continue Reading

Big data and what can be done with it

By Porter Wright on February 25, 2016

Our colleagues at AntirustLawSource.com recently shared parts one and two in a three part podcasting series; “Big data and what can be done with it.” Podcast host and editor, Jay Levine, talks with Phil Rist, executive vice president of Prosper Business Development, about challenges and opportunities for big data in 2016. From the internet of things providing more data available … Continue Reading

EU Conference: Privacy and Protection of Personal Data

By Porter Wright on March 22, 2012

The EU Conference on Privacy and the Protection of Personal Data held March 19 in Washington, D.C., was a great illustration of the importance of the topic within the European Union. The conference was extremely well attended by high-level EU regulators and provided valuable insights into the respective priorities. Tangible results, however, were scarce and … Continue Reading

Grandfather Provision of Massachusetts Data Security Requirements Expiring

By Porter Wright on February 28, 2012

This note is a reminder of the expiration of the grandfather provision under the Massachusetts Data Security Regulations, summarized here, which expires on March 1, 2012. Any applicable third party service provider contract entered into prior to March 1, 2010 must incorporate the appropriate security measures for personal information as specified in the regulations. Companies … Continue Reading

Basic Principles of European Union Consent and Data Protection

By Porter Wright on July 25, 2011

Any US company that receives data about individuals living in the European Union must be familiar with the basic principles of consent and data protection within the EU to avoid costly mistakes that are easily made in obtaining consent, should the validity of such consent be challenged by the EU data protection agencies. While certain … Continue Reading

Starbucks Makes News with Logo and Mobile Payment Option

By Porter Wright on March 4, 2011

When Starbucks recently announced a change to their iconic logo, I took interest not only as an attorney specializing in trademark and advertising law, but also as a fairly regular consumer of Starbucks coffee (and, I confess, a Starbucks "Gold Level" card holder). This article discusses issues pertinent to both and addresses some interesting theories … Continue Reading

Massachusetts Data Security Requirements Go Into Effect

By Porter Wright on April 8, 2010

A new Massachusetts data security regulation — the “Standards for the Protection of Personal Information of Residents of the Commonwealth” (.PDF) — has gone into effect as of March 1, 2010. The new regulation is intended to apply to any business that collects or retains personal information of Massachusetts residents. Personal information, as defined under the regulation, … Continue Reading