Author Archives: Chad Mandell

Chad Mandell

About: Chad Mandell

Chad’s practice focuses on complex business litigation, with a major emphasis on intellectual property and technology. Chad assists clients with matters involving trademarks, trade dress, unfair competition, trade secrets, copyrights, high-tech disputes, e-commerce and Internet disputes, false advertising, entertainment litigation, and First Amendment litigation. Chad also regularly counsels clients on a wide range of data security and privacy matters involving security breach incidents, compliance issues, and policy development.

The Anthem Breach – A Retrospective (Part II)

We published Part I of our “Anthem Breach Retrospective” in January 2017.  Coincidentally, at around the same time several plaintiffs in one of the earliest filed cases arising out of the Anthem data breach voluntarily asked a judge in the Northern District of California to dismiss their lawsuits. The requests for dismissal came after Judge Cousins ordered select plaintiffs to comply with a discovery request by Anthem, requiring them to submit their computers to an independent forensic examiner to determine whether malware caused data or credentials to be stolen from the plaintiffs’ computers even before the breach of Anthem’s systems. …

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Erin Andrews Jury Sends Hoteliers a $55 Million Dollar Reality Check

“Privacy law” continues to evolve in the face of ever-advancing technology. Legislative bodies, administrative agencies, courts, tech companies, and a host of other interests are working to innovate, keep pace with, or catch up. Even the First Amendment, which has been interpreted by courts, lawyers, and scholars for hundreds of years, and, which stands as a counter-balance to the right of privacy, is being tested in new ways. But the recent trial involving Erin Andrews highlights that, sometimes, privacy issues are simple, and businesses need to implement common sense policies or face potentially costly outcomes. A Nashville jury recently handed …

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When it Comes to Privacy Laws, California Leads the Way

California is, by far, the king of states when it comes to privacy laws. California’s constitution is one of only 10 state constitutions that contain an explicit “right to privacy,” recognizing each citizen’s “inalienable right” to privacy. Its state laws in many areas have often been precursors to federal legislation or national legislative movements, and that’s certainly true in privacy law as well. For example, California had health privacy laws before HIPAA even existed, and it had the nation’s first data breach notification law, which spawned copycat legislation in almost every state. Last month, California passed a few more laws …

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Should Feds Regulate Persistent Identifiers as Personal Information?

Recently, the Federal Trade Commission settled an action it had brought against Nomi Technologies, a provider of “in-store analytics” technology. The fact that the action was brought against Nomi to begin with, considering what Nomi does, and the 20-year consent decree that Nomi entered into with the FTC, has raised more than a few eyebrows. It has left many – including some of the FTC’s own Commissioners – wondering just what regulators are interested in when it comes to controlling information collection practices in the “information economy.” Nomi has developed and markets technology to retailers that helps to physically track …

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