On Wednesday, the U.S. Court of Appeals for the 11th Circuit issued its long-awaited decision in LabMD’s challenge to an FTC enforcement action: LabMD, Inc. v. Federal Trade Commission (11th Cir. June 6, 2018). While there is some concern that the opinion will undermine the FTC’s power to enforce Section 5 for privacy and security issues, the opinion actually is quite narrow and is far from crippling.
While the LabMD opinion likely does have important implications for how the FTC will go about enforcing reasonable data security requirements, we think the opinion still allows the FTC to continue to build upon a coherent body of privacy and security complaints in an incremental way similar to how the common law develops. See Solove and Hartzog, The FTC and the New Common Law of Privacy, 114 Columbia Law Review 584 (2014).
Recently, I created two new GDPR training resources.
I created a 1-page visual summary of the GDPR, which I call the GDPR Whiteboard. The idea was to capture the key points of the General Data Protection Regulation (GDPR) in a succinct and visually-engaging way. It has become quite popular, receiving thousands of downloads. You can download a PDF handout version here. We’ve been licensing it to many organizations for training and awareness purposes.
GDPR Interactive Whiteboard
I subsequently created a new training module — an interactive version of the GDPR Whiteboard – the GDPR Interactive Whiteboard. When people click on each topic, the program provides brief narrated background information, presented in a very understandable and memorable way. Trainees can learn at their own pace. This program is designed to be very short — it is about 5 minutes long.
It can readily be used on internal websites to raise awareness and teach basic information about GDPR. It can also be used in learning management systems.
Countless women have been coming forward to say #MeToo and share their traumatic stories of sexual harassment and assault. But there are many stories we’re not hearing. These stories are being silenced by extremely broad nondisclosure agreements (NDAs), some made at the outset of employment and others when settling litigation over sexual harassment. They stop victims from talking. They also silence other employees who witness sexual harassment of co-workers. NDAs were a powerful device used by Harvey Weinstein to hush up what he was doing.
In her new book, You Don’t Own Me: How Mattel v. MGA Entertainment Exposed Barbie’s Dark Side, Professor Orly Lobel tells a fascinating story about the Barbie versus Bratz litigation, which went on for about a decade. Her book is a page turner — told as a story that could readily be a movie. The book succeeds brilliantly as a gripping tale. But it goes beyond great storytelling to explore many important issues related to business, employment, and intellectual property: the enormous power of corporate employers, the weaponized use of intellectual property to stifle innovation, the dismal failure of business ethics, the troubling use of nondisclosure agreements (NDAs) to maintain dominance and power, and the punishing litigation process.Continue Reading