Contributed by Odia Kagan.

This blog has discussed the importance of ensuring and auditing your vendors’ data security practices. A recent enforcement action from the Federal Trade Commission (FTC) drives home the importance of being proactive about vendors and data security.

Specifically, the FTC recently entered into an enforcement action with an analytics company

At 4 p.m. today, Pennsylvania Governor Tom Wolf (who himself has tested positive for COVID) and Secretary of Health Rachel Levine issued new, “limited-time”, targeted COVID mitigation orders. The orders hit the franchise industry hard. About the only silver-lining is that, unlike the indefinite restrictions imposed last spring, these new restrictions have a specific time

As if the global pandemic was not enough to cause franchisors and their attorneys heartburn, the North American Securities Administrators Association released a commentary titled “Disclosing Financial Performance Representations in the Time of COVID-19” to add another spice to the stomach turning situation. While it provides franchisors with recommendations on evaluating existing FPRs,

(This post solely reflects the views of the author, and not that of Fox Rothschild or any of its other attorneys.)

While I am not opposed to immunity laws generally, I am not fan of immunity that is too broad. Given that stance, I have grave concerns about the liability protections and COVID immunities being

Key takeaways from my partner, Odia Kagan’s recent presentation titled “Service Providers v. Data Processors: What Should Your Agreement Address?”  with Lexology and Exterra:

  • As the “business,” the “buck stops with you” as it relates to liability to the individual customer respecting processing their data.
  • Between you and your service provider/data processor, you can and