After a difficult November, daily fantasy sports (DFS) operators will need to buckle up for an even more challenging road ahead. Things looked grim for the DFS industry last month, after New York Attorney General Eric T. Schneiderman delivered cease-and-desist orders to FanDuel and DraftKings, ordering them to stop taking bets in New York. Though the DFS industry had faced obstacles before, this was the strongest blow against them, especially in the state where FanDuel is headquartered, and from which the largest number of DFS players hail. But both sites vowed to fight back, and have been embroiled in a tough legal battle ever since.
The App Code
On Monday, November 30, 2015, Nordstrom and denim manufacturer AG Adriano Goldschmied filed a motion to approve a settlement in California federal court, agreeing to pay more than $4 million to settle a consumer class action suit that accused them of falsely labeling jeans as “Made in USA.” The settlement was agreed upon in October 2015 after over a year of intense litigation.
Plaintiffs brought the case against both the manufacturer, AG, and the retailer that sold AG jeans, Nordstrom, and alleged various claims under the California consumer protection laws and business and professions code. The class action claimed that AG jeans’ fabric, thread, buttons, rivets, and certain subcomponents of the zipper assembly were manufactured outside of the United States.
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What is Cross-Device Tracking?
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Following the European Court of Justice’s decision to invalidate the safe harbor framework, multinational businesses have been clamoring for guidance regarding how best to comply with European Union data protection laws while transferring data from the EU to the United States. While regulators are actively working to develop a “Safe Harbor 2.0”—with some speculating that draft legislation may be finalized as early as mid-December 2015— no such framework has been released. Further, it has been widely recognized that all data transfers taking place based upon a previous reliance on the framework are now in violation of EU law unless a separate transfer rationale exists. Given these concerns, several EU data protection authorities (DPAs) have spoken out with some guidance.
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Background on the Case
In a move to join the growing list of regulators involved in the US cybersecurity space, the New York Department of Financial Services announced earlier this month that it is considering new cybersecurity regulation for financial institutions. This follows a series of actions taken by several agencies in recent months to set new standards for data protection, including the Federal Financial Institutions Examination Council issuing their cybersecurity assessment tool in June, the National Institute of Standards and Technology Cybersecurity Framework update in July, the development of the Cybersecurity Information Sharing Act in the US Senate, and FFIEC’s latest guidance.
Last week, partner Sarah Bruno and Arent Fox Senior Government Relations Director Alex Manning were featured panelists during a cybersecurity forum hosted at Arent Fox’s DC office with the Information Technology and Innovation Foundation (ITIF) and The George Washington University's Center for Cyber and Homeland Security (CCHS).
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