Counsel to Expert Witness in Multistate Data Breach Settlement
Advised an expert witness for U.K.-based insurance companies in a case brought in the U.K. courts by the insurers in connection with a multistate data breach enforcement action where the personal information of millions of consumers was exposed. Counsel was provided in regard to U.S. law concerning Section 5 of the Federal Trade Commission Act, the data breach and data security statutes of the 40 states whose attorneys general filed complaints, and the potential insurability of penalties in each of the states. The settlement reached in the case was due in large part to the insurability analysis, which was key during negotiations.
Advised Menswear Retailer in SMS Program Launch, Compliance
Advised a major American menswear retailer in launch a transactional SMS program allowing them to communicate via text message with customers who have opted-in. Armstrong Teasdale navigated a strict regulatory environment by identifying regulatory requirements for SMS programs, evaluating internal business processes to streamline compliance, and drafting the requisite consent language. The program required significant cross-collaboration to meet the expected deadlines.