Supplementing SCCs to Solve Surveillance Shortfalls

By invalidating the EU-U.S. Privacy Shield but not rejecting wholesale the use of standard contractual clauses to transfer data to the U.S., the Court of Justice of the European Union in “Schrems II” left open the possibility that such transfers could continue. However, it emphasized that exporters and importers may need to adopt additional safeguards when using SCCs to ensure an adequate level of protection for personal data transferred to the U.S.

Until now, commentators have seemed unsure as to what those safeguards might be or how they can address potentially irredeemable flaws in the U.S. surveillance system. In this article published in the IAPP Daily Dashboard, ZwillGen attorneys Marc Zwillinger, Mason Weisz, and Kandi Parsons detail a proposed solution consisting of technical measures, supplemental clauses, and exit strategies.

Read More

Bose Shakes Wiretap Claims In Headphone Data Privacy Row

An Illinois federal judge has permanently axed wiretapping claims from a proposed class action involving headphone data. View the order here: bit.ly/zakvboseorder. The 360 article linked below is paywalled.

Read More

Should Companies Retaliate Against Hackers? Here’s What Experts Are Saying

In this article by Levick CEO Richard Levick, Jon Frankel comments on the Active Cyber Defense Certainty Act (ACDCA) and the importance of correctly attributing a cyber attack.

Read More

LightYear Is FTC’s Data Security Warning To B2B Companies

In this Law360 article, Jason Wool, Michelle Anderson, and Marci Rozen discuss the Federal Trade Commission’s intent on enforcing the Gramm-Leach-Bliley Act (GLBA) on a wider array of technology companies involved in financial services following their recent settlement with an automotive software developer. This article is paywalled.

Read More

Cybersecurity Lawmaking Needs Help From Specialists

In the absence of comprehensive federal cybersecurity legislation applicable to U.S. businesses, states have been addressing the issue through their own laws and regulations. In this article for Law360, Jason Wool discusses the importance of including both technologists and information security lawyers in the bill drafting and amendment process. This article is paywalled.

Read More

ZwillGen Named Once Again as a Top Law Firm for Female Attorneys

We are extremely proud to be named once again as a top law firm for female attorneys in Law360’s annual Glass Ceiling Report.  This article is paywalled.

Read More

Navigating the Risks of Alternative Data Collection and Use

With regulations such as the GDPR and the California Consumer Protection Act imposing additional restrictions on data usage in general and alternative data in particular, it is increasingly critical for companies to understand what data sets it collects and what usage restrictions or requirements may attach to the data. ZwillGen shareholder Stacey Brandenburg spoke to the Cybersecurity Law Report about alternative data, its uses, risks and legal considerations, and recommended steps to mitigate these risks. This article is paywalled.

Read More

Ohio Adopts Pioneering Cybersecurity Safe Harbor for Companies

Ohio has become the first state to enact legislation providing safe harbor for businesses that implement a written cybersecurity program that “reasonably conforms” to certain cybersecurity frameworks or laws to protect personal information. In the September 19, 2018 issue of The Cybersecurity Law Report, Jason Wool provides insights on the significance of the Ohio Data Protection Act, which will become effective on November 2, 2018. This article is paywalled.

Read More

Après 25 May: how has the GDPR most impacted US companies?

After the daily deluge of privacy policy update notification emails this past spring and the dramatic, 11th hour passage of GDPR-inspired legislation in California this summer, it has been almost impossible to avoid hearing about the General Data Protection Regulation (GDPR) in the US. But now that May 25 has come and gone, what are US companies actually doing to comply with the GDPR, and how has the GDPR impacted both their day-to-day operations as well as their overall privacy and security programs and strategies? Melissa Maalouf and Michelle Anderson provide their perspective on what US companies are doing, the challenges they’re facing, and the ways in which the GDPR has affected the US privacy landscape. This article was originally published in the August 2018 issue of Data Protection Leader.

Read More

ZwillGen Nabs Oath Atty to Aid Companies with Government Data Demands

ZwillGen welcomes longtime friend of the firm and former Oath/Yahoo attorney, Chris Madsen, to ZwillGen as Counsel and Managing Director for ZG Subpoena Solutions (ZGSS). “Chris brings valuable perspective and insight gained from years of in-house experience and at the Department of Justice,” said Marc Zwillinger. “He has a deep understanding of how to navigate nuanced legal and policy issues, particularly with respect to law enforcement matters. We are very lucky to have him help lead ZGSS.” This Law360 article is paywalled.

Read More