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New York Business Lawyer Blog

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What Your Business Can Do to Comply With the Federal Trade Commission’s Data Security Standard. Part I: Does It Give Fair Notice?

What, exactly, can a business do to protect itself against a Federal Trade Commission enforcement action for allegedly failing to take reasonable precautions to protect its customers’ sensitive, private, digital information, such as credit card numbers, bank account information, dates of birth, and even medical records? Especially because it is…

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What Does Investigating Insurance Fraud Have In Common With the World Cup? You Make the Call.

What does investigating Insurance Fraud have in common with the FIFA World Cup currently taking place in Brazil? More than you might think, especially if you’re a world-class goalie trying to stop a penalty kick. The hardest job in all of soccer, or football as the rest of the world…

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Investigating Insurance Fraud in New York: How to Catch a Liar

Figuring out whether someone is lying or telling the truth isn’t easy, as we’ve previously written. Investigating Insurance Fraud isn’t easy, either. Just ask anyone who works in SIU, and they’ll tell you about the legwork involved: the interviews to take; the documents to get and go over; the data…

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Shadow IT, The Cloud, and the FTC’s Reasonable Precautions Cybersecurity Standard

Shadow IT, or Rogue IT, is the practice of employees reportedly improvising their way to a more productive job, without their company’s knowledge or approval, by importing cloud based tools to allow greater ease of access to company documents, bypassing firewalls, and facilitating collaboration, to enhance company performance. What could…

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How Difficult Is It For a Business To Comply With Its Own Privacy Policy?

If a business’ privacy policy says it will protect its customers’ sensitive private digital information in certain ways, then it probably is a good idea for the business to keep that promise. The Federal Trade Commission has sued businesses for allegedly making promises in their privacy policies that they did…

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Apple, Amazon, & E-books: Antitrust Regulation and Unfair Competition in the News

It’s been a while, but claims of unfair competition involving e-books are back in the news. About a year ago the Justice Department won its antitrust case against Apple for horizontal price fixing of e-books. Now Apple’s main competitor, Amazon, is having a dispute with one of the same publishers…

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Is the FTC’s Reasonable Precautions Cybersecurity Standard Fair?

In this post we are going to examine the rules used to determine whether the Federal Trade Commission’s “Reasonable Precautions” cybersecurity standard gives businesses fair notice of what they have to do to adequately protect their customers’ information from data breaches. The short answer is that businesses have to watch…

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The FTC, LabMD, EBay, and Cybersecurity: What Do Reasonable Precautions Actually Mean?

The Federal Trade Commission’s effort to force businesses to take reasonable precautions to protect their clients’ sensitive personal information from data breaches is back in the news this week, as is at least one big, new data breach. What the FTC does, and what it tries to get businesses to…

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