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31 Aug 2015, 12:29 pm by Barbara S. Mishkin
Wyndham Worldwide Corporation, a case of first impression, the Third Circuit ruled that the FTC can regulate cybersecurity policies and procedures as “unfair” acts or practices under Section 5 of the FTC Act. [read post]
29 Aug 2015, 6:50 am by Quinta Jurecic
Wyndham Worldwide Corporation et al, on the FTC’s ability to regulate private-sector cybersecurity. [read post]
25 Aug 2015, 5:11 am by Steven Wildberger
[JURIST] The US Court of Appeals for the Third Circuit [official website] on Monday upheld [opinion, PDF] a ruling against defendant Wyndham Worldwide Corporation, essentially granting the Federal Trade Commission (FTC) [official websites] the power to regulate corporate cybersecurity. [read post]
24 Aug 2015, 3:12 pm by Kevin LaCroix
In a public company D&O policy, the corporate entity is provided coverage only for securities claims. [read post]
24 Aug 2015, 2:47 pm by Megan Geuss
The ruling, from the United States Court of Appeals for the Third Circuit, came as part of a lawsuit between the FTC and Wyndham Worldwide Corporation, which manages a collection of hotels throughout the US. [read post]
On the other hand, in its much ballyhooed case against Wyndham Worldwide Corp. for the latter’s alleged failure to prevent data breaches at several of its hotels, the FTC cited the decision approvingly, claiming that the decision demonstrated that the FTC adequately alleged consumer harm. [read post]
22 Jun 2015, 6:17 pm by Kevin LaCroix
After claimants filed shareholders’ data breach-related derivative suits against the boards of Target (here) and Wyndham Worldwide (here), a number of commentators (including me) asked whether we could see a wave of cybersecurity related D&O lawsuits. [read post]
13 Apr 2015, 4:22 am by Kevin LaCroix
In addition, “a successful cyber-attack also represents a potential liability exposure for corporate directors and officers via derivative lawsuits. [read post]
19 Mar 2015, 4:26 am by Kevin LaCroix
” Moreover, Greene predicts that the wave will not only include shareholders derivative lawsuits of the type that were filed against Target and Wyndham Worldwide, but also securities class action lawsuits and SEC enforcement matters. [read post]
29 Jan 2015, 4:07 am by Kevin LaCroix
  The FTC at least temporarily weathered a challenge by Wyndham Hotels to its ability to regulate cyber security matters, and has continued to be very active in this space. [read post]
The recent dismissal of one such lawsuit against the directors and officers of Wyndham Worldwide Corporation (Wyndham) provides insight on steps directors and officers can take to protect themselves from claims of breach of fiduciary duty in these lawsuits. [read post]
7 Jan 2015, 4:37 am by Kevin LaCroix
And as I noted in connection with the dismissal of the lawsuit filed last year against Wyndham Worldwide, it remains to be seen whether or not erstwhile plaintiffs will figure out a way to overcome all of the procedural hurdles involved and manage to turn these kinds of lawsuit into a successful exercise. [read post]
6 Jan 2015, 4:14 am by Kevin LaCroix
Indeed, as discussed here, in an October 20, 2014 opinion, District of New Jersey Judge Stanley Chesler, applying Delaware law, granted the defendants’ motion to dismiss the complaint in the Wyndham Worldwide case. [read post]
8 Dec 2014, 4:23 am by Kevin LaCroix
Nor are the regulators’ efforts in this regard limited to speech-making; the Federal Trade Commission’s recent action against Wyndham Worldwide related to cyber breaches the company experienced underscores that these regulatory concerns may translate into enforcement action. [read post]
26 Nov 2014, 4:25 am by Kevin LaCroix
The derivative lawsuit filed against the board of Wyndham Worldwide Corporation in connection with the series of cyber breaches the company had experienced was being closely watched as possibly representative of a potential new area liability exposure for corporate directors and officers. [read post]
24 Oct 2014, 4:04 am by Broc Romanek
Also check out our checklists related to incident response planning, disclosure practices and risk management – as well as a chart of state laws related to security breaches… Meanwhile, Kevin LaCroix blogs that a closely watched cybersecurity derivative suit against against Wyndham Worldwide Corporation’s board has been dismissed… – Broc Romanek [read post]