Latest Articles

As Massachusetts lawmakers consider whether to legalize sports betting, professional athletes fear that their biometric data – which can be collected and analyzed as part of their training – could become a commodity in this form of gambling. Professional sports leagues say that they have no plans to make this data available for gamblers, but the use of biometric data from wearable health devices is not covered by health privacy laws. Partner Colin Zick discusses…
Class action suits by consumers continue to be on the rise, especially in the false advertising area. Some recent rulings, especially in districts that have not been traditional class-action hotbeds, have made them more attractive to plaintiffs. But there are still effective strategies for defending these cases. Foley Hoag presents a webinar covering hot topics related to false advertising class actions, including: Subject matter of recent false advertising class actions Current tactics being used by…
Ransomware attacks are the biggest data breach threat facing nursing facilities and other healthcare institutions, a new Bloomberg investigation finds. “Part of the reason individuals are so vulnerable is that they receive so many emails that each one isn’t carefully reviewed,” partner Colin Zick said. Click here to read the full article on McKnight’s.…
Imagine this scenario:  you’ve had a productive and mutually advantageous ongoing contractual relationship of several years with another party.  You have built up quite a bit of trust over the years, and communicate regularly over email.  Your email communications include you receiving invoices and then confirming payment; your email messages might include a note about an upcoming shipment or provision of services, or even a note wishing the family well. One day, you receive a…
In 2018, privacy and data security crossed a number of thresholds. In the public mind, through high-profile data breaches and revelations about unexpected uses of personal information, questions of privacy became much more salient. In the legal and regulatory arena, both the GDPR and the California Consumer Privacy Act became clear catalysts for a global transformation in the coming years of privacy practices. Finally, new technologies suggest that flux and complexity we are currently experiencing…
Bloomberg Law interviewed partner Colin Zick as part of a Special Report on how businesses are adjusting to recent data and privacy rules. Zick discusses why companies should be prepared to deal not only with GDPR requirements, but also a patchwork of state laws that may carry compliance requirements as well. “We’re in the midst of a large public policy debate about what we’re going to do when it comes to data privacy laws,” he…
We hope this blog serves as a forum for spirited debate, challenge, and comment.  The attorneys in our White Collar Crime and Government Investigations practice group have a wide array of diverse experiences that we hope to share with you here.  While we are white-collar defense lawyers, many among us are former federal and state prosecutors, and we appreciate the demands of justice even as we provide our clients a vigorous legal defense.  The topics…
Fourteen thousand, eight hundred and fifty-nine reviews! Four and a half stars! Who can resist these authentic, crowd-sourced endorsements of a product or service? Studies and market results show that consumers rely heavily on user-submitted reviews in choosing among products and sellers on e-storefronts. But how authentic are these user reviews? In February, the FTC settled a case with a company that it accused of purchasing falsified user reviews. Beyond outright fabrication, user reviews can…