Jeffrey N. Rosenthal

Only recently have states started to grapple with the myriad security and privacy concerns implicated by the Internet of Things (IoT). In September, California became the first state to pass legislation designed to protect the privacy and security of IoT users from the ever-increasing threat of hacking. But the impact (and adequacy) of this legislation, as well as the future of IoT legislation across the country, remains unknown...

Litigation over Telephone Consumer Protection Act (TCPA) violations continues to rise, fueled in part by an increase in companies using software-driven text message and mobile app communications to reach consumers. Companies in nearly every consumer-facing industry, from health care to retail to entertainment, are defending against nationwide class action claims seeking millions of dollars in alleged damages arising out of mobile marketing and customer service practices. Businesses are ensnared… Show more

Litigation over Telephone Consumer Protection Act (TCPA) violations continues to rise, fueled in part by an increase in companies using software-driven text message and mobile app communications to reach consumers. Companies in nearly every consumer-facing industry, from health care to retail to entertainment, are defending against nationwide class action claims seeking millions of dollars in alleged damages arising out of mobile marketing and customer service practices. Businesses are ensnared by a confusing regulatory landscape, rapidly evolving communication technology and social media, and often-conflicting case law, depending on the jurisdiction, court and even judge presiding over the matter... Show less

Thankfully, it seems all the ghosts and ghouls of Halloween have returned to their eternal resting places for at least another year. But don’t relax just yet. Because another, equally terrifying, specter continues to haunt legitimate businesses: the risk of a consumer class action under the federal Telephone Consumer Protection Act (TCPA)...

Pokémon GO—the latest iteration of the immensely popular Pokémon media franchise, best known for producing a series of video games in which players act as "trainers" with the goal of capturing and collecting fantasy creatures called Pokémon—has continued to sweep the nation. Downloaded over 650 million times, this revolutionary mobile app relies on various smartphone technologies—including GPS, camera and gyroscope features—to create an "augmented reality" gaming ­experience in which players… Show more

Pokémon GO—the latest iteration of the immensely popular Pokémon media franchise, best known for producing a series of video games in which players act as "trainers" with the goal of capturing and collecting fantasy creatures called Pokémon—has continued to sweep the nation. Downloaded over 650 million times, this revolutionary mobile app relies on various smartphone technologies—including GPS, camera and gyroscope features—to create an "augmented reality" gaming ­experience in which players locate and capture virtual Pokémon by exploring their physical surroundings... Show less

An important issue has emerged from an epic copyright infringement battle between tech giants Oracle America and Google: Whether potential and empaneled jurors' online ­profiles and social media can—and, equally importantly, should—be "scour[ed] over" by trial lawyers and jury consultants to dissect their politics, religion, relationships, preferences, friends, photographs and other personal information...

When a social media account is created, who owns the resultant content? When a business cultivates Facebook "likes" in order to expand its marketing reach and effectiveness, who controls the outpouring of support for the company?

While social media connectedness is unquestionably valuable, the legal issues of who actually owns the content has become a growing area of uncertainty...

In a precedential opinion, the U.S. Court of Appeals for the Third Circuit outlined what is required for parties to allow arbitrators—rather than courts—to decide whether a matter could be arbitrated as a class. The Third Circuit then reaffirmed how only “clear and unmistakable language” will suffice to supplant the presumption in favor of judicial review, thus allowing arbitrators to decide such “questions of arbitrability.” The opinion also operates as yet another reminder to counsel drafting… Show more

In a precedential opinion, the U.S. Court of Appeals for the Third Circuit outlined what is required for parties to allow arbitrators—rather than courts—to decide whether a matter could be arbitrated as a class. The Third Circuit then reaffirmed how only “clear and unmistakable language” will suffice to supplant the presumption in favor of judicial review, thus allowing arbitrators to decide such “questions of arbitrability.” The opinion also operates as yet another reminder to counsel drafting arbitration provisions that clarity is key.... Show less

On July 10, 2015, the Federal Communications Commission issued a long-awaited declaratory ruling and order addressing 21 requests for clarification or other action regarding the Telephone Consumer Protection Act and its corresponding regulations. A divided FCC voted 3-2 to amend its rules in an effort to "preserve consumers'​ rights to stop unwanted robocalls"...

Becoming better versed in issues surrounding cybersecurity and social media risk would greatly benefit general counsel at publicly traded companies, according to a recent survey of executive leadership...

Can a business owner's act of posting purportedly personal content to his company's social media page affect the ownership of that account?

In a case of first impression, U.S. Bankruptcy Chief Judge Jeff Bohm recently rejected a gun store's disgruntled former owner's claim that by posting personal musings using the debtor company's Facebook and Twitter accounts, and by changing the company's account names to reflect his own, the accounts belonged to him personally...

It's 10 p.m. Do you know what your children are posting online?

If the answer is no, here is yet another reason to consider policing your children's online activity: As a parent, you could be found liable for failing to prevent the dissemination of harmful content they post online...

Ethical quandaries in the context of social media are numerous and varied. Thankfully, guidance has recently come from two separate bar association ethics opinions—one from New York, one from Philadelphia—designed to educate attorneys about what their clients should and should not be doing with respect to social media at trial and before...

Have you ever been surprised by what you find when searching for yourself online? For some, unflattering photos, outdated personal information, embarrassing posts and inaccurate new stories may be just a click away. But what if there was a way to scrub such information from the Internet itself...?

In a precedential ruling, the U.S. Court of Appeals for the Third Circuit in Opalinski v. Robert Half Int’l recently held that a federal judge—not an arbitrator—should decide whether an agreement between individuals to arbitrate employment disputes should extend to class-wide arbitration...

What do dentists, wedding photographers, moving companies, locksmiths and online retailers all have in common? Answer: They have each tried to limit negative online customer reviews via nondisparagement clauses in their service agreements...

As April comes to a close, it’s time once again for Verizon Enterprise Solutions’ Data Breach Investigations Report to remind us just how important data security is to the corporate world...

December 18, 2013, was a dark day for Target Corp. Nationally ousted as the victim of the largest retail data breach in history, Target’s CEO Gregg Steinhafel took pains to assure consumers...

SingleHop, a leading global provider of hosted IT infrastructure and Cloud computing, created a cybersecurity infographic on what can happen to a business that experiences data loss. Of note, SingleHop reports that 93% of businesses that lose their data center for ten (10) days go bankrupt within one year; 43% of businesses that experience a disaster never...

In Chadbourne & Parke LLP v. Troice, 2014 U.S. LEXIS 1644 (Feb. 26, 2014), the U.S. Supreme Court held that the Securities Litigation Uniform Standards Act of 1998 (SLUSA) does not preclude investors from bringing state-law claims against their insurance brokers, lawyers and others for allegedly assisting in the fraudulent sale of certificates of deposit (CDs) in connection with a $7 billion Ponzi scheme perpetrated by convicted fraudster Allen Stanford. But the Supreme Court's holding has… Show more

In Chadbourne & Parke LLP v. Troice, 2014 U.S. LEXIS 1644 (Feb. 26, 2014), the U.S. Supreme Court held that the Securities Litigation Uniform Standards Act of 1998 (SLUSA) does not preclude investors from bringing state-law claims against their insurance brokers, lawyers and others for allegedly assisting in the fraudulent sale of certificates of deposit (CDs) in connection with a $7 billion Ponzi scheme perpetrated by convicted fraudster Allen Stanford. But the Supreme Court's holding has broader implications, potentially impacting the federal government's authority to prosecute fraud "in connection with" the purchase or sale of... Show less

Americans spend an estimated 20 percent of their free time on social media sites. Posting photographs, status updates, travel logs, streams of consciousness, rants and all manner of things online to enable friends and family to peer into one's life has become commonplace. But what if the person doing the peering is not a friend or family member...

Does a landlord have an obligation to act once it learns a resident is being harassed by another tenant on Facebook or similar social media site? According to a recent Ohio state appellate decision, not only is liability possible, but landlords who ignore warning signs may be doing so at their own peril...

What happens when a sitting judge and a practicing attorney establish an online relationship by "friending" one another? Could this digital connection run afoul of real-world ethical rules?

Today, Google is the world's largest search engine, used for everything from finding local businesses, to email, to getting maps, and now socializing on the Google Plus network. In fact, one Canadian court was so convinced Google has become the phonebook of the modern age it ruled the Alberta, Canada, police must provide detainees with Internet access just so they can find a lawyer online...

On the Internet, everyone is a critic. Computers have turned every restaurant patron into Gael Greene and every moviegoer into the late Roger Ebert. But what happens when these anonymous critiques go too far and potentially defame the target? Does the ease by which one can voice his or her opinion digitally, and the fact that these self-authored "reviews" appear solely online, shape the way the public — and, more importantly, the courts — evaluate such statements?

Does the First Amendment protect what you "like" on Facebook? Obviously, Facebook, with its vested interest in shielding all forms of user expression, would argue it does. But now it is not alone in that belief. In August 2012, the social media giant teamed up with the American Civil Liberties Union to oppose a Virginia district court's decision that merely clicking the "like" button is insufficient speech to merit constitutional protection...

Did you really go to Harvard? Were you actually born in 1982? Did you truly spend that summer backpacking through Europe? Your online profile certainly says so. But if such statements are, shall we say, somewhat less than truthful, did you just commit a federal computer crime? In other words, could lying on Facebook really land you in jail?

By now it should go without saying: Be careful what you post on social networking sites. But here is yet another reason to be conscious of your online presence: Insurance companies are beginning to check social media sites like Facebook and Twitter to determine if you are a coverage risk. You may even have a "social media score" to prove it...

Imagine the significant costs and time you and your clients could save by settling a case using only a computer. With the proper tools, an affinity for alternative dispute resolution and the appropriate type of case, this desire can become a reality...

What do you expect to find when you open your Facebook page? A friend request from someone you recently met? Notification you were tagged in a picture with a loved one? How about a summons? Or maybe notice of a default judgment entered against you? The last two may sound fairly outlandish, but the reality may be closer than you think...

For most people, social networking sites represent an opportunity to connect on a personal (albeit digital) level, discuss shared interests and post photos and videos of various life experiences. But for legal practitioners — and especially personal injury and employment lawyers — Facebook and MySpace have an entirely different significance...

Most practitioners will tell you it is inherently improper to speak with a witness during a break in live testimony. Most judges would probably agree. If observed, the result could be open admonishment, the preclusion of the witness' testimony, sanctions levied against the attorney or worse. On the surface such a blanket prohibition may make sense. But is this really the law? Or is it just the way things are done? The answer may surprise you...