Questions of Authority – who will be the federal regulatory cop on the privacy beat? FTC? FCC? Privacy, Data Security Jurisdiction Questions to the Forefront in 2015 Written by Christopher Harvie As privacy and data security gain more visibility among policy-makers, questions of federal agency authority and jurisdiction are also gaining a higher profile. Since… Continue Reading
Tag Archives: Wyndham
Law360 Expert Analysis – D&O Liability
Posted in Cybersecurity, Privacy LitigationLaw360 has published expert analysis of the Palkon v. Holmes case and what it means for director liability in data breach-related cases, written by Mintz Levin’s David Barres (registration required). D&O Liability For Data Breaches After Palkon V. Holmes A federal district court in New Jersey recently dismissed with prejudice a shareholder derivative suit, Palkon v…. Continue Reading
Court Dismisses Shareholder Derivative Action Targeting Directors and Officers for Data Breaches
Posted in Cybersecurity, Data Breach, Privacy LitigationWritten by David Barres A federal district court in New Jersey has dismissed with prejudice a shareholder derivative suit, Palkon v. Holmes, No. 14-CV-01234 (SRC) (D.N.J.), that tried to blame the directors and officers at hospitality company Wyndham Worldwide Corporation (“Wyndham”) for a series of data breaches. The court’s decision is notable because it illustrates some… Continue Reading
Wyndham Gets Life Preserver in Data Breach Case
Posted in Data Breach, Data Breach Notification, Federal Trade Commission, Privacy LitigationWritten by Adam Veness New Jersey U.S. District Judge Esther Salas agreed to allow Wyndham Hotels and Resorts LLC to immediately appeal to the Third Circuit a ruling affirming the FTC’s authority to bring data security cases. We have been following this case since the beginning, and you can see our last post here. Judge Salas… Continue Reading
FTC v. Wyndham: Wyndham Calls for Back-Up
Posted in Data Breach Notification, Federal Trade Commission, Privacy Litigation, Privacy RegulationWritten by Adam Veness It appears that Wyndham Hotel & Resorts LLC (“Wyndham”) has received reinforcements in its defense against the Federal Trade Commission’s (the “FTC”) case. A federal judge has agreed to allow the U.S. Chamber of Commerce and several other organizations to file an amicus curiae brief in support of dismissing the FTC’s… Continue Reading
Wyndham Motion Puts the FTC on the Defensive
Posted in Data Breach, Federal Trade CommissionWritten by Adam Veness Wyndham Hotel & Resorts LLC (“Wyndham”) has filed a Motion to Dismiss the Federal Trade Commission’s (the “FTC”) Complaint against it, which alleges that Wyndham committed unfair and deceptive acts related to three data security breaches that Wyndham has suffered since 2008. More information about the FTC’s Complaint can be seen… Continue Reading