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Credit Card Information Security Issues in Franchising
Data breaches at Target, Home Depot, Neiman Marcus and P.F. Chang's are front-page reminders of the vulnerability of customer payment information in the retail sector. Verizon estimated that “74% of attacks on retail, accommodation, and food services companies target payment card information.” In Federal Trade Commission v. Wyndham Worldwide, Case No. 13-cv-01887 (D. N.J. 2014), the Federal Trade Commission (FTC) brought suit claiming that a franchisor's alleged failures to maintain reasonable security measures constituted unfair and deceptive practices under Section 5 of the FTC Act. Although the FTC is clear about what the franchisor allegedly did wrong (failed to employ commonly used methods of data protection, such as complex passwords, network inventories and firewalls), little guidance exists from the FTC to help franchisors determine what standards are reasonable.
What We Can Learn From'Credit Card Companies
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
'Insurable Interest' and the Scope of First-Party Coverage
This article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.