Brandon C. Ge

Blogs: C&M Health Law, Data Law Insights

Latest Articles

FDA Issues New Guidance for the Management of Cybersecurity in Medical Devices

By John Fuson, Jodi G. Daniel, Amber Mulcare & Brandon C. Ge on October 19, 2018

Yesterday, the FDA released draft guidance on the management of cybersecurity in medical devices submitted to the agency for premarket review. Noting that cybersecurity threats to the healthcare sector have increased in number and severity, the FDA offered new recommendations for device design, labeling, and documentation that medical device manufacturers will need to consider during premarket submission processes. The guidance comes shortly after the FDA’s launch of its Medical Device Cybersecurity Playbook, which provides…

Data Law Insights

Political Data Firm Improperly Accessed Facebook Users’ Data

By Jeffrey L. Poston, Peter B. Miller, CIPP/G/US, CIPP/E, CIPM, CIPT & Brandon C. Ge on March 27, 2018

Facebook faces government investigations on both sides of the Atlantic after recent revelations that Cambridge Analytica, a British political data firm with ties to President Trump’s 2016 campaign, collected and used the personal information of more than 50 million Facebook users in a manner that violates Facebook’s stated policy regarding access, disclosure, and use of personal information. Legislators in the U.S. and the UK have called for hearings. The Federal Trade Commission (“FTC”) has confirmed …

Data Law Insights

Ninth Circuit Revives Data Breach Class Action, Finds Risk of Identity Theft Without Actual Harm Sufficient to Establish Standing

By Brandon C. Ge, Nathanial J. Wood & Jeffrey L. Poston on March 13, 2018

Last week, the U.S. Court of Appeals for the Ninth Circuit revived a class action lawsuit related to a 2012 data breach, determining that the future risk of identity theft suffices to establish Article III standing, even where there has been no actual harm. At issue in the case, In re Zappos.com, was whether the plaintiffs had standing to bring claims based on a January 2012 data breach where hackers allegedly stole the personal information…

Data Law Insights

PayPal Settles FTC Claims Regarding Venmo’s Disclosure, Privacy, and Security Practices

By Brandon C. Ge & Peter B. Miller, CIPP/G/US, CIPP/E, CIPM, CIPT on March 2, 2018

On February 27, 2018, the Federal Trade Commission (“FTC”) announced a proposed administrative settlement with PayPal, Inc. over allegations that the company failed to make adequate disclosures to users regarding its Venmo peer-to-peer payment service. The settlement underscores the importance of effectively disclosing material information to consumers, including accurately communicating privacy and security practices and user control over optional settings. Specifically, the FTC alleged that Venmo…

Data Law Insights

New Texas Law Explicitly Allows Driverless Cars

By Jeffrey L. Poston & Brandon C. Ge on June 28, 2017

On June 15, Texas Gov. Greg Abbott signed a bill that explicitly allows self-driving cars on the state’s roads and highways, regardless of whether a human is physically present. While there was no ban on driverless cars, Texas law did not explicitly permit them either. This created a grey area of the law that fueled apprehension among manufacturers about testing self-driving cars in Texas. Senate Bill 2205 allows driverless vehicles to operate in the state…

Data Law Insights

Judge Approves Neiman Marcus Data Breach Settlement

By Jeffrey L. Poston & Brandon C. Ge on June 27, 2017

Last week, an Illinois judge preliminarily approved a $1.6 million settlement between Neiman Marcus and a class of customers affected by a 2013 data breach. The settlement, which the parties agreed to in March, covers U.S. residents whose credit card or debit card was used between July 16, 2013 and January 10, 2014 at any Neiman Marcus store. Any such customers who file a claim will receive up to $100, with the four class representatives…

Data Law Insights

Data Breach Class Action Dismissed for Not Establishing Economic Injury

By Jeffrey L. Poston & Brandon C. Ge on June 20, 2017

Earlier this week, a federal Illinois court dismissed a class action against book retailer Barnes & Noble that alleged breach of contract, invasion of privacy, and violations of state consumer fraud and breach reporting laws. The case, dismissed for failing to establish economic harm, marks another data point in demarcating actionable data breaches and highlights perhaps the most challenging issue for plaintiffs in data breach class actions. The complaint stemmed from a data breach that…

Data Law Insights

Supreme Court to Hear Major Cellphone Privacy Case

By Jeffrey L. Poston & Brandon C. Ge on June 6, 2017

Yesterday, the Supreme Court announced that it will hear a case with significant ramifications for privacy in the digital age. The case involves a man convicted of armed robbery based in part on cellphone location data obtained without a probable cause warrant. The conviction was appealed at the Sixth Circuit Court of Appeals, which held that the Fourth Amendment does not require a warrant under such circumstances. While the Supreme Court has recently restricted the…

Data Law Insights

The PRC Cybersecurity Law Takes Effect

By Jeffrey L. Poston, Paul Rosen & Brandon C. Ge on June 5, 2017

The first comprehensive data protection framework in China’s history, the PRC Cybersecurity Law, takes effect today, June 1, 2017, despite concerns from businesses around the world about the law’s stringency and scope. The law will carry with it the authority to impose fines up to approximately $145,000.00 per violation in addition to various administrative and criminal penalties. The PRC Cybersecurity Law requires the implementation of administrative and technical security safeguards, restricts the cross-border transfer of…

Brandon C. Ge

FDA Issues New Guidance for the Management of Cybersecurity in Medical Devices

Political Data Firm Improperly Accessed Facebook Users’ Data

Ninth Circuit Revives Data Breach Class Action, Finds Risk of Identity Theft Without Actual Harm Sufficient to Establish Standing

PayPal Settles FTC Claims Regarding Venmo’s Disclosure, Privacy, and Security Practices

New Texas Law Explicitly Allows Driverless Cars

Judge Approves Neiman Marcus Data Breach Settlement

Data Breach Class Action Dismissed for Not Establishing Economic Injury

Supreme Court to Hear Major Cellphone Privacy Case

The PRC Cybersecurity Law Takes Effect

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