In the wake of the high-profile breaches at Equifax and Uber, several constituencies have been making a sustained push for a federal data protection and breach statute.  Last week, a broad coalition of bank, insurance and retail associations urged Congress to pass national legislation establishing uniform data protection and breach notification standards.  View Full Post
Buried in the 2018 National Defense Authorization Act (NDAA) is an obscure, and quite significant, change to the post-employment restriction on U.S. Department of Defense (DoD) civilian and uniformed personnel. This new provision could have a substantial impact on defense contractors and others who recruit DoD personnel to work on policy and procurement matters before the DoD or the Executive Branch. View Full Post
As anticipated previously, the en banc Fifth Circuit in In re Larry Doiron, Inc., jettisoned the two-tier, six-factor test of Davis & Sons, Inc. v. Gulf Oil Corp. in favor of a new “simplified” test to determine whether “a contract for the performance of specialty services to facilitate the drilling or production of oil and gas on navigable waters is maritime,” and thereby adopted a conceptual approach. View Full Post
EL Toro Noro – At Least 400 with Norovirus According to the Pierce County Department of Health, the week started with 41 reports of ill diners, which led to the closure of El Toro in Tacoma’s Westgate neighborhood Monday. By Wednesday, reports of ill customers had extended to its sister restaurant in University Place and that location also closed for sanitizing. View Full Post
The Super Bowl means big bucks. It is estimated that each of the three television networks that broadcast the Super Bowl pay the NFL in excess of $1 billion per year for the right to broadcast NFL games through 2022, including the right to broadcast the big game on a rotating basis once every three years. View Full Post
Earlier this week, the FTC announced its first settlement involving internet-connected toys. The FTC alleged that the Kid Connect app used with some of VTech’s toys collected personal information from hundreds of thousands of children, and that the company failed to provide direct notice of its privacy practices to parents, or to obtain verifiable consent from them, as required by the Children’s Online Privacy Protection Act (or “COPPA”). View Full Post
As we closed the books on 2017, the FCC announced that it plans to fine Sinclair Broadcast Group Inc. a record $13.4M, for having not adequately disclosed sponsored content in its programming. The fine was calculated by the FCC based on over 1,700 instances – across 64 of Sinclair stations – where the FCC found Sinclair to be in violation of Section 317(a)(1) of the Communications Act, which requires identification of anyone who has paid for broadcast programming. View Full Post