Orrick Cyber and Privacy Team Offers Guidance on Rising Financial Stakes in Current Regulatory Environment

Law360 | October.30.2020

Orrick partner Doug Meal, Of Counsel David Cohen and associate Adrienne Tierney authored this Law360 article exploring the potential fallout from a recent Federal Trade Commission settlement that highlighted the increasingly harsh financial consequences of running afoul of privacy and cybersecurity legal requirements.

In the article, our team explored the implications of the FTC’s $4 million penalty imposed on a company that allegedly violated the Children's Online Privacy Protection Act by allowing third-party advertising networks to collect nonsensitive personal information from children. The article noted that this is part of an increasing trend toward regulators taking a more expansive view of enforcement and exposing companies to stiffer penalties.

The piece outlines why courts and regulators should resist excessive penalties when enforcing such cyber and privacy statutes. The full article can be read here: Courts, Regulators Should Limit Excessive Privacy Penalties.