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- Data breach; data protection; small businesses; breach notification framework; cybersecurity; MyBizHomepage; cyberattack; Code Spaces; Software as a Service; SaaS; cybercriminals; data security; Great Depression; World War II; Small Business Act of 1953; SBA; Small Business Administration; Privacy Rights Clearinghouse; ChoicePoint; Personally Identifiable Information; PII; consumer credit reporting information; Protected Health Information; PHI; Gramm-Leach-Bliley Act; GLBA; Bank Holding Company Act of 1956; Health Insurance Portability and Accountability Act of 1996; HIPAA; Federal Trade Commission; FTC; Fair Credit Reporting Act; civil penalties; Commonwealth v. Haney; Massachusetts Security Breaches Law; In re Yahoo! Inc. Customer Data Security Breach Litigation; California Customer Records Act; attorney general; Community Bank of Trenton v. Schnuck Markets; In re Target Corp. Customer Data Security Breach Litigation; Personal Data Privacy and Security Act; Personal Data Privacy and Security Act; Department of Homeland Security; National Institute of Standards and Technology (NIST) Small Business Cybersecurity Act; Cybersecurity Enhancement Act of 2014; Small Business Reauthorization Act of 1997; Historically Underutilized Business Zones; HUBZone; European Union; General Data Protection Regulation; GDPR; Privacy by Design; California Consumer Privacy Act; CCPA; liability insurance; burden-shifting (1)
- Estonia; blockchain; corporate governance; shareholders; New York; Delaware; cyber security; voting; government services; E-Estonia; encryption; Nasdaq; e-Residency; proxy; annual meeting; securities; ledger; permissioned; unpermissioned; tokens; vote coins; wallet; corporation laws; board of directors; Depository Trust Company; DTC; 14a-13; Exchange Act; NOBO; SEC; derivative; shareholder activism; Procter & Gamble; Nelson Peltz (1)
- Federal Rules of Civil Procedure; small-sum claims; consumer; consumer protection; tort; class action; Rule 23; consumer law; modern class action; Federal Arbitration Act; Federal Class Action Fairness Act; Field Code of Civil Procedure; Field Code; Federal Rules of Equity; hisorical; ambulance chaser; Israel Beckhardt; Marcel Kovarsky; Knorr v. Gen. Banking Co.; Kovarsky v. Brook. Union Gas Co.; finance; personal loan; Uniform Commerical Code; UCC; Daar v. Yellow Cab Co.; Hall v. Coburn Corp.; National Office for the Rights of the Indigent; NORI; NAACP; NAACP Legal Defense Fund; state class action; Snyder v. Harris; Truth in Lending Act; TILA; Phillips Petroleum Co. v. Shutts; Class Action Fairness Act; CAFA; Chuck Grassley; Federal Arbitration Act; FAA; enforcement; litigation; aggregation; procedure; procedural rules; torts; legal aid; (1)
- Inc. taxpayer; tax collector; Complete Auto test; Tax Injunction Act; safe harbor; in personam jurisdiction; Burger King Corp. v. Rudzewicz; virtual presence; Public Law 86-272; brick-and-mortar; (1)
- Inc. v. Brady; forbidden effect; substantial nexus; Pike v. Bruce Church (1)
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- Inc. v. City of Valdez; Complete Auto Transit (1)
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- Inc.; Razak v.Uber Technologies (1)
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- Internet of Things; California; CCPA; Cybersecurity; Cybercrime; Security; Civil Code; Federal Bureau of Investigation; hack; Internet Corporation for assigned Names and Numbers; ICANN; smart cities; IBM; information; communications; technology; data protection; data; regulation; cyber risk; liability; reasonableness; security law; negligence; tort; Health Insurance Portability and Accountability Act of 1996; HIPPA; New York Department of Financial Services; NYFDS; Office of Civil Rights; OCR; security regulation; In re Adobe Sys. Privacy Litig.; Customer Records Act; CRA; Federal Trade Commission; FTC; Federal Trade Commission Act; National Institute for Standards and Technology; NIST; Model Rules of Professional Conduct; industry standards; self-regulation; Clinton; Trump; Department of Transportation; automation; stakeholder; Dutch Data Protection Authority; Fair Information Practice Principles; FIPP; legislation; compliance; (1)
- Scammers; fraud; phone calls; scam calls; Securities Law; SHAKEN/STIR; personal information; Telephone Consumer Protection Act; TCPA; Federal Trade Commission; FTC; National Do Not Call Registry; Voice over IP; VoIP; Internet Protocol; robocalls; spoofing; Federal Communications Commission; FCC; caller ID; Truth in Caller ID Act; telecommunication; T-Mobile; Verizon; Sprint; AT&T; Scam ID; Scam Block; Call Filter; telemarketers; robocalls; Bolstering Online Transparency Act; BOT Act; Stopping Bad Robocalls Act; SBR; Internet Service Providers; ISPs; spam; Telephone Robocall Abuse Criminal Enforcement and Deterrence Act; TRACED Act; digital signature; Subscriber Identification Module (1)
- South Dakota; interstate commerce; due process; tax; sales tax; use tax; Supreme Court; Wayfair; physical presence; Quill Corp. V. North Dakota; National Bellas Hess (1)
- Trian Fund Management; In Re Dole Food Company; single-step merger; Delaware Blockchain Initiative; UCC; Ethereum; BitLicense; virtual currency; New York Stock Exchange; (1)
- Uber; benefits; Assembly Bill 5; AB 5; independent contractor; enforcement; worker's rights; labor rights; gig economy; gig; Lyft; DoorDash; Civil Rights Act; Fair Labor Standards Act; FLSA; regulation; union; Freelancers Union; United States Bureau of Labor and Statistics; classification; tax; economic realities test; S.G. Borello Sons (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Your Uber Driver Is Here, But Their Benefits Are Not: The Abc Test, Assembly Bill 5, And Regulating Gig Economy Employers, Brian A. Brown Ii
Your Uber Driver Is Here, But Their Benefits Are Not: The Abc Test, Assembly Bill 5, And Regulating Gig Economy Employers, Brian A. Brown Ii
Brooklyn Journal of Corporate, Financial & Commercial Law
In September 2019, California passed Assembly Bill 5 (AB 5) which adopts the ABC test as the standard for determining whether an individual worker is an employee or an independent contractor. This legislation is aimed at gig economy employers, such as Uber, whose workers are arguably misclassified as independent contractors, ultimately denying them access to benefits and the ability to unionize. This Note will discuss AB 5 by identifying the successes and pitfalls of the legislation. While AB 5 is a step in the right direction, the bill still needs to be refined to avoid gaps in enforcement. Further, this …
Cyber-Insecurity: The Reasonableness Standard In Internet Of Things Device Regulation And Why Technical Standards Are Better Equipped To Combat Cybercrime, Chynna Rose Foucek
Cyber-Insecurity: The Reasonableness Standard In Internet Of Things Device Regulation And Why Technical Standards Are Better Equipped To Combat Cybercrime, Chynna Rose Foucek
Brooklyn Journal of Corporate, Financial & Commercial Law
While the Internet of Things (IoT) has created an interconnected world via phones, laptops, and even household devices, it is not infallible. As cyber-attacks increase in frequency, affecting companies of all sizes and industries, IoT device manufacturers have become particularly vulnerable, due in large part to the fact that many companies fail to implement adequate cybersecurity protocols. Mass data breaches occur often. However, these companies are not held accountable due to the use of the reasonableness standard in existing cybersecurity legislation, which is flexible and malleable. In 2019, the California Legislature enacted a cybersecurity law specific to IoT device manufacturers. …
A History Of Consumer Class Actions In State Courts, Anne Fleming
A History Of Consumer Class Actions In State Courts, Anne Fleming
Brooklyn Journal of Corporate, Financial & Commercial Law
Most historians date the “modern” class action to the 1966 amendments to the Federal Rules of Civil Procedure. Yet, the class action or “representative suit” has a longer, unexplored history in the state courts. In the late 1930s and 1940s, a group of scrappy, first-generation lawyers tried to build their businesses by aggregating the small-sum claims of many consumers. The defendants in these cases were, for example, lenders who failed to comply with the technicalities of state disclosure mandates, and utility companies that charged consumers extra fees. Each consumer’s claim was small, but, as a group, the claims could yield …
“Estonia’S Gift To The World”: The Implementation Of A Blockchain Protocol For Corporate Governance In New York, Sydney Lauren Abualy
“Estonia’S Gift To The World”: The Implementation Of A Blockchain Protocol For Corporate Governance In New York, Sydney Lauren Abualy
Brooklyn Journal of Corporate, Financial & Commercial Law
The traditional procedures of corporate governance are not designed to resolve issues related to close outcomes of corporate votes, empty voting practices, the proxy voting protocol, verification of shareholder identities, and access to corporate records. Blockchain technology allows all corporate shareholders to participate in corporate governance more conveniently, with increased transparency, on a secure network. Estonia sought to revolutionize corporate governance by facilitating the development of a blockchain based e-voting protocol for shareholders of companies listed on the Tallinn Stock Exchange to vote in shareholder meetings. After unsuccessful attempts, New York stands well behind other states, such as Delaware, in …
South Dakota V. Wayfair: An Ill-Conceived Blow To The Free Flow Of Interstate Commerce, Revel Shinn Atkinson
South Dakota V. Wayfair: An Ill-Conceived Blow To The Free Flow Of Interstate Commerce, Revel Shinn Atkinson
Brooklyn Journal of Corporate, Financial & Commercial Law
For more than a century, brick-and-mortar retailers have been losing local customers—first with the rise of mail-order houses and then more acutely with the rapid growth of online retail. As a result, states have noticed a significant loss in sales tax revenue. While an equivalent amount of tax is typically still owed to the state in the form of a use tax, which is to be remitted to the state by the customer, because these taxes are not automatically collected at the time of the sale, customers have overwhelmingly elected not to pay them. In an effort to recover this …
Unmasking The Villain: Exposing Scammers’ Identities To Defeat Harmful Calls, Katherine Teng
Unmasking The Villain: Exposing Scammers’ Identities To Defeat Harmful Calls, Katherine Teng
Brooklyn Journal of Corporate, Financial & Commercial Law
Since 1991, Congress has attempted to limit unwanted phone calls through legislative efforts. However, past and current laws remain ineffective as scam call complaints continue to increase while the harm of these calls remains severe. Currently, the laws affecting telecommunication regulation focus on reactive measures rather than preventative solutions. Most recently, Congress has passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, which will require telecommunication companies to implement SHAKEN/STIR technology to end scam calls before they reach consumers. While this is the most progressive legislation addressing scam calls, this Note will suggest that phone numbers be registered to …
Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi
Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi
Brooklyn Journal of Corporate, Financial & Commercial Law
Small businesses provide a significant positive impact on the American economy. However, the current fragmented federal and state data protection and breach notification legal scheme puts the viability of small businesses at risk. While the probability of data breaches occurring continues to increase, small businesses lack the financial and technological resources to contend with the various state and federal laws that impose different monetary penalties and remedial requirements in the event of such breaches. To preserve the viability of small businesses, Congress should enact a centralized, multi-tiered federal data protection and breach notification framework that preempts state laws, imposes minimum …