Technology Law Blog, IT Law & Articles | Foster Swift

State Privacy Laws Taking Effect in 2026

Taylor A. Gast, Lindsey M. Mead — Fri, 23 Jan 2026 09:00:01 -0500

Though there remains no comprehensive nationwide, federal privacy law on the books, several states in the U.S. have passed their own privacy statues to fill in the gap. As of 2025, at least 17 states have enacted some form of general consumer privacy laws. These states include: (1) California; (2) Colorado; (3) Connecticut; (4) Delaware; (5) Florida; (6) Iowa; (7) Maryland; (8) Minnesota; (9) Montana; (10) Nebraska; (11) New Hampshire; (12) New Jersey; (13) Oregon; (14) Tennessee; (15) Texas; (16) Utah; and (17) Virginia.

At the start of the new year, three other states join the list as ...

Holiday Talks: Essential Estate Planning and Tech Safety for Aging Family Members

Matthew S. Fedor, Lindsey M. Mead — Fri, 13 Dec 2024 09:00:02 -0500

Now is a busy time for businesses as they wrap things up before year-end. But the holiday season can be stressful for a different reason when the owner or some of the employees are responsible for the care of aging family members on top of working full-time.

What is a Deepfake and How Might it Impact Your Business?

Taylor A. Gast, Lindsey M. Mead — Tue, 29 Oct 2024 09:00:03 -0400

With the rise of generative artificial intelligence (AI) and its various synthetic media outputs, deepfakes are just one of many new risks to businesses. Deepfakes pose considerable threats to companies, potentially damaging reputation, trust, and financial stability through malicious impersonation and manipulation of digital content.

Implications of FTC’s Final “Click-to-Cancel” Rule: Simplifying Consumer Cancellations

Joel C. Farrar, Taylor A. Gast, Lindsey M. Mead — Thu, 17 Oct 2024 09:00:04 -0400

Yesterday, on October 16, the Federal Trade Commission (“FTC”) issued final amendments to the “Rule Concerning Recurring Subscriptions and Other Negative Option Programs”, also referred to as the “Click-to-Cancel” Rule (the “Rule”). See the following link from the FTC’s website for more information: Federal Trade Commission Announces Final “Click-to-Cancel” Rule Making It Easier for Consumers to End Recurring Subscriptions and Memberships | Federal Trade Commission (ftc.gov).

Risks Make AI Workplace Policies a Requirement

Taylor A. Gast — Tue, 29 Aug 2023 09:00:05 -0400

Artificial intelligence (AI) is fast becoming an integral element in the operation of virtually every business and organization.

Children's Online Privacy Protection Act: Are You Compliant?

Amanda J. Dernovshek, Taylor A. Gast — Mon, 27 May 2019 09:00:06 -0400

The Children’s Online Privacy Protection Act (“COPPA”) was enacted in 1998 and was created to address concerns with the online collection of children’s personal information. Recently, the Federal Trade Commission (“FTC”) has announced several large fines for companies not in compliance.

How are Businesses Preparing for Proposed Federal Data Privacy Legislation? Part One: Understanding Current Proposals

Taylor A. Gast — Mon, 21 Jan 2019 09:00:07 -0500

Federal data privacy legislation in the United States is looking increasingly likely to pass in the foreseeable future. This renewed outlook is a stark change for those who remember previous legislative proposals, like the 2009 Personal Data Privacy and Security Act that never received a floor vote.

Cybersecurity and Data Privacy Considerations in Due Diligence

Taylor A. Gast, Cody Mott (Summer Associate) — Tue, 15 Jan 2019 09:00:08 -0500

Data privacy and cybersecurity concerns are changing the way potential investors and acquirers evaluate a target company through due diligence. Data and security related risks can be extremely costly – especially those that are not uncovered in due diligence.

Legal Essentials: Shifting Focus to Data Protection, Cybersecurity and Vendor Management

Mon, 05 Nov 2018 09:00:09 -0500

For an introduction to these areas, visit Taylor's previous video, an Introduction to Data Privacy, Cybersecurity and Third Party Vendor Management.

In recent years, security risks and data breaches have increased and businesses are working to be better equipped to respond to emergency cyber attack and breach situations.

California Enacts Sweeping Privacy Legislation

Taylor A. Gast — Fri, 29 Jun 2018 09:00:10 -0400

On June 28, California governor Jerry Brown signed into law the California Consumer Privacy Act of 2018. The Act will significantly impact companies (including many based outside of California) and United States legislation in the coming months, although it is unclear whether the new law will serve as an example for other states or an outlier. Importantly, the Act contains a number of "GDPR-like" features, making it the most restrictive data privacy law that the United States has ever seen.

GDPR Has Arrived and My Company Isn't Ready. Now What?

Taylor A. Gast — Thu, 24 May 2018 09:00:11 -0400

It's not hyperbole to say that the General Data Protection Regulation's May 25th enforcement date marks one of the largest shifts in the history of privacy laws.

Considerations for Vendor Contracts

Wed, 28 Feb 2018 09:00:12 -0500

This is the first article in a series on Third Party and Vendor Management. The next article in this series discusses provisions for vendor contracts.

Border Searches May Compromise the Privacy and Security of Company Technology

Taylor A. Gast — Wed, 08 Mar 2017 09:00:13 -0500

Recently, international travelers have noticed US Customs and Border Protection agents with increased interest in searching cell phones, laptops, and other portable technology. Employers should be aware that this trend increases the risk that an unauthorized individual will access sensitive company information, which could result in an inadvertent data breach.

Some international travelers have been asked by border agents to unlock cell phones or provide a password needed to unlock the device. One report included a customs agent threatening to seize a travelers' phone if he did not unlock his cellphone. Employers are rightfully concerned that these searches may allow unauthorized individuals to access sensitive company information.

5 Tips for Investigating and Purchasing Cyber Insurance

Taylor A. Gast — Wed, 08 Feb 2017 09:00:14 -0500

In 2016 Lansing, MI's Board of Water and Light fell victim to a cyber-attack that resulted in $2.4 million in costs, including a $25,000 ransom paid to the perpetrators. In the aftermath of the breach, BWL announced that it was filing for a $1.9 million insurance claim under its cyber insurance policy, including $2 million in covered losses, less a $10,000 deductible.

There is a lot at stake for businesses when it comes to cyber-crime, which is why more and more businesses are investigating and purchasing cyber insurance to hedge against the risks associated with cyber security and data privacy.

Assembling Your Company's Data Breach Response Plan

Taylor A. Gast — Wed, 07 Dec 2016 09:00:15 -0500

No matter how carefully, thoughtfully and diligently a company works to prevent it, data breaches happen. Company management, IT teams and outside consultants can do everything right and still end up dealing with a breach. That means that knowing how to best respond when (not if) a breach happens should be part of every company’s data protection strategy.

We recommend that every company assemble a security breach team, consisting of individuals inside and outside of the organization who possess different skill sets. This may include technology officers, as well as staff from IT, human resources, communications, legal departments, outside counsel, and outside vendors. The composition of the team will depend on the type and size of the organization, but each member should be in a position and have skills that enable the organization to quickly and properly respond to an incident. The team must also be equipped, authorized and empowered to evaluate and immediately react to an incident once it has occurred.

Identity Theft: How to Reduce the Risk and Mitigate the Harm

Mon, 21 Nov 2016 09:00:16 -0500

According to the Department of Justice (the “DOJ”), an estimated 17.6 million Americans aged 16 or older were victims of at least one attempt or incident of identity theft in 2014. Identity theft takes many forms - from stealing someone’s identity to obtain government benefits to creating new financial accounts in another person’s name. The most frequent type of identity theft - 80 percent of all cases according to the DOJ - involves someone trying to take over an existing bank or credit card account. Tax-related fraud is also on the rise.

We are all at risk of identity theft. It seems like a week never goes by without a news report about a data breach at a major retailer or bank. Unfortunately, most people who are victims of identity theft - or suspect they might be - are not aware of the steps they should take to mitigate the harm from the theft.

This article identifies the steps that a person whose social security number is compromised should immediately take upon learning of a problem, as well as actions to take to protect against the risk of identity theft in the future.

Private Companies are Watching Your Every Move Online

Thu, 13 Oct 2016 09:00:17 -0400

Thanks to the new Oliver Stone movie now in theaters, Edward Snowden has been back in the news lately. Disillusioned and alarmed by the virtual mountain of data that was being assembled by the federal government to track all forms of digital communication, Snowden became a hero to some, and traitor to others, after he leaked information about the government’s secret tracking systems to the press.

Filming for TV Show Results in HIPAA Violation and $2.2 Million Settlement Paid by New York Presbyterian Hospital

Fri, 20 May 2016 09:00:18 -0400

It’s not uncommon for “covered entities” such as hospitals and health systems to violate the Privacy Rule under the Health Insurance Portability and Protection Act of 1996 (“HIPAA”). A stolen laptop or misplaced file can expose information that should be protected. Rarely, however, does a violation arise from the filming of a television show. But that’s exactly what happened in the case of New York Presbyterian Hospital (“NYP”), which recently entered into a settlement with the Department of Health and Human Services, Office for Civil Rights (“OCR”) for $2.2 million.

Protect Your Business From Competitive Intelligence

Michael C. Zahrt — Wed, 07 Jan 2015 09:00:19 -0500

The term "competitive intelligence" is the process of legally gathering information about one's competitors to gain a strategic advantage in the marketplace. Large corporations will have strategic intelligence experts as a part of their marketing department. These experts specialize in discovering promotional activities, sales figures, and other information about the company's competitors. Ideally, strong competitive intelligence enables a company to predict the strategy of a competitor and adapt with a strategy of its own that will result in an advantage in the marketplace.

The good news is that small and medium-sized businesses are not usually the targets of professional competitive intelligence experts. However, a business owner would be wise to protect itself from amateur intelligence gathering by its competitors. Competitive intelligence gathering begins by identifying the strategy of your own business and how your competitor's strategy will interfere. Then the intelligence gathering begins.

Police Officers Can Force You to Unlock a Phone with Apple's Touch ID Technology

Thu, 06 Nov 2014 09:00:20 -0500

Did you know that one court has ruled that a police officer can force a person to unlock a phone with Apple's Touch ID technology? Understand the risks with enabling this feature on your phone. Check out the story here.