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10 Steps to Mitigate A Data Breach Before It Happens

Many of the clients that we advise are nervous about data protection, cyber issues, and the privacy of their customers and employees. Who can blame them? Every day we read news about another privacy breach. Some of the companies that we counsel are light years ahead – talking coding strategies and testing for vulnerabilities – while others are trying to determine how to be compliant and implement internal protocols in response to a breach.

California Supreme Court Rules in Favor of Lacoste in Data Collection Class Action

Washington, DC — In a closely watched data collection case, Arent Fox LLP secured a victory for Lacoste when the California Supreme Court declined to clarify whether retailers in the state can ask customers for their personal information. On August 26, California’s high court responded to a certification request from the US Court of Appeals for the Ninth Circuit by agreeing with arguments put forward by Arent Fox.

California Governor Signs Bill Aimed at Aligning Nationwide “Made in USA” Labeling Requirements

On Tuesday September 1, 2015, California Governor Jerry Brown signed a bill that will enable products to be labeled and marketed with an unqualified “Made in USA” statement even if not entirely made in the United States – a major departure from California’s current more stringent standard.

FuelBand Advertising Claims Spark Settlement Agreement

Nike Inc. (Nike) recently agreed to pay more than $2.4 million to settle a class action lawsuit related to the Nike FuelBand activity tracker. The lawsuit, Levin v. Nike, was filed May 17, 2013, in California Superior Court in Los Angeles County. The Plaintiffs alleged violations of California unfair competition and false advertising laws, as well as breach of warranty.  The FuelBand Advertising Claims

Court Holds Retailers Can Record Birth Dates of Consumers Using Credit Cards to Buy Alcohol

A California appeals court recently held that a retailer does not violate California privacy law by collecting and recording birth dates of consumers who buy alcohol with credit cards.   Plaintiff Mark Lewis purchased alcohol at a Safeway store in California. During the sales transaction, the clerk requested proof of Mr. Lewis’s age and then entered Mr. Lewis’s date of birth into the computerized cash register.  

Brave New World: Wearable Devices Pose Security Challenge for Businesses

With the release of the Apple Watch, a number of companies are likely to grapple with an increasingly common problem: how to secure sensitive company data and information in the age of wearables.   The Apple Watch may be the most high-profile wearable to hit the market, but wearables – electronic devices that are connected to the Internet – are an increasingly common tool for consumers. This trend is only expected to increase, with some analysts dubbing 2015 the “year of the wearable.”  

Challenges and Opportunities for International Brands Entering the Brazilian Fashion Market

Arent Fox Intellectual Property partner Cristina Carvalho and head of Arent Fox’s Fashion Law practice Anthony Lupo present, "Challenges and Opportunities for International Brands Entering the Brazilian Fashion Market" in partnership with the Brazilian-American Chamber of Commerce.

Clothing Retailers Agree to Settle ZIP Code Lawsuit with Gift Cards

Clothing retailers Urban Outfitters and Free People recently agreed to settle a class action lawsuit alleging that the retailers improperly collected ZIP codes from customers at checkout by giving class members a gift card.

The Gift that Keeps on Giving: New Jersey Backs Down a Little on Gift Card Requirements

New Jersey Gov. Chris Christie recently signed a bill amending the state’s gift card law to eliminate the consumer data collection requirements. The law previously required companies operating in New Jersey to maintain records of the name, address, and ZIP code of gift card purchasers. Much to the relief of retailers, the new bill eliminates this requirement.