Antitrust Law Source
Are data breaches covered under insurance policies?

Are data breaches covered under insurance policies?

April 14, 2016

In defending against a class action case where patient information was found online for months without being secured, the insurance company was found to have a duty to defend the defendant, who held an insurance policy that covered the publication of patient information. The case, Travelers Indemnity vs. Portal Healthcare, is important because it’s one of the first decisions to rule on whether data breach litigation is covered under commercial insurance policies.

Big data and what can be done with it: Part three

Big data and what can be done with it: Part three

March 1, 2016

In our last installment of the big data podcast series (listen to part one and part two), Jay and Phil discuss how companies deal with data breaches. They talk about how consumer trust is vital and how customers may prepare in advance for these breaches. Finally, Phil shares three tips when it comes to using customers’ information for competitive advantage.

Big data and what can be done with it: Part two

Big data and what can be done with it: Part two

February 23, 2016

Continuing their conversation regarding big data, Phil and Jay discuss what companies should be doing with big data, how to figure out whether they are using it correctly and if there is a better way of doing it. How do companies place value on their data to make financial decisions?

Big data and what can be done with it: Part one

Big data and what can be done with it: Part one

February 16, 2016

In part one of this three-part series, Jay talks with Phil Rist, Executive Vice President of Prosper Business Development, about how his company collects big data and utilizes it to detect trends that aid his clients in developing their strategic plans. Phil discusses how his company not only takes data available from the federal government, but how they administer “emotional surveys” to track the feelings of today’s population to build predictive models for future events. Phil and Jay discuss challenges and opportunities for big data in 2016 – how the internet of things (wearable devices, Bluetooth enabled devices, trackable devices like thermostats, refrigerators, food/fitness trackers) will have more data available for tracking.

Health care data breaches – inevitable, but you can minimize the damage

Health care data breaches – inevitable, but you can minimize the damage

December 1, 2015

Data breaches in health care can be the most devastating, both to the consumers whose personally identifiable information was exposed, but also to the institutions that possessed this sensitive data. In this podcast Jay and Christina Hultsch review the various issues surrounding such data breaches, including when to review data security policies, how to prepare for a potential breach and how to deal with third-party vendor access.

Third Circuit’s Wyndham decision - Part two

Third Circuit’s Wyndham decision - Part two

November 17, 2015

So what did the Third Circuit hold in FTC vs. Wyndham and what does the decision really mean? Jay and Ryan continue their discussion of the Third Circuit’s decision and give you some key takeaways on what this means for companies that collect personally identifiable information.

Is the use of statistical averages appropriate when certifying a Rule 23(b)(3) damages class?

Is the use of statistical averages appropriate when certifying a Rule 23(b)(3) damages class?

November 11, 2015

Tyson Foods, Inc. v. Bouaphakeo is the latest in a series of cases to go before the Supreme Court on issues pertaining to the proper adjudication of class actions. Oral argument was heard on Nov. 20 and Jay and Porter Wright colleague Jetta Sandin attended. In this podcast, they share their impressions of how the argument went and what seemed to interest the Justices the most.

Third Circuit’s Wyndham decision - Part one

Third Circuit’s Wyndham decision - Part one

November 5, 2015

In part one of this two part series, Jay is joined by Ryan Graham, a colleague at Porter Wright and former FBI analyst, to discuss the Third Circuit’s decision in FTC vs. Wyndham. Ryan and Jay discuss generally the various agencies who have authority over data security and the challenges facing companies who have experienced a data breach. They also outline the issues involved in the Wyndham case.

Government licensure for the personal training industry – unnecessary, unworkable and unintelligible

Government licensure for the personal training industry – unnecessary, unworkable and unintelligible

October 13, 2015

A campaign to require licensure in the personal training industry by the U.S. Registry of Exercise Professionals has left some scratching their heads. Six states have considered licensure laws that, through criminal liability, would forbid providing personal training services without a license. In 2013, Washington, D.C. passed legislation authorizing the D.C. Board of Physical Therapy to enact regulations for licensure of personal trainers, though it now appears that this law will be repealed.

In this podcast, Brodie Butland and I discuss the implications of the various proposals to require licensure for personal trainers, including the remarkable over breadth of the proposed laws, their anti-consumer establishment of an oligopoly exclusively benefitting only a part of the personal training profession, and their stifling creativity and innovation in the fitness industry by requiring personal trainers and consumers into a one-size-fits-all paradigm. Tune in to find out more.

Antitrust woes for Amazon, Part 2

Antitrust woes for Amazon, Part 2

September 23, 2015

Antitrust Law Source author Darcy Jalandoni and editor Jay Levine pick up their discussion of the antitrust issues facing Amazon. In this episode, they discuss the parties’ positions, the result of Amazon’s recent contract dispute with Hachette…and how authors, and ultimately how American literature, will publish in the future.