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Credit Card Information Security Issues in Franchising
Data breaches at Target, Home Depot, Neiman Marcus and P.F. Chang's are front-page reminders of the vulnerability of customer payment information in the retail sector. Verizon estimated that “74% of attacks on retail, accommodation, and food services companies target payment card information.” In Federal Trade Commission v. Wyndham Worldwide, Case No. 13-cv-01887 (D. N.J. 2014), the Federal Trade Commission (FTC) brought suit claiming that a franchisor's alleged failures to maintain reasonable security measures constituted unfair and deceptive practices under Section 5 of the FTC Act. Although the FTC is clear about what the franchisor allegedly did wrong (failed to employ commonly used methods of data protection, such as complex passwords, network inventories and firewalls), little guidance exists from the FTC to help franchisors determine what standards are reasonable.
What We Can Learn From'Credit Card Companies
In 2006, five major credit card brands (Visa, MasterCard, American Express, Discover Financial Services and JCB International) formed the Payment Card Industry (PCI) Security Standards Council to address issues of credit card payment security. The security council ultimately promulgated the Payment Card Industry Data Security Standard (PCI-DSS). PCI-DSS is a set of standards developed to ensure the security of all credit card payment information handled by merchants. The standards are intended to apply to any business that processes, transmits, or otherwise handles credit card transactions. Accordingly, these standards are applicable and relevant for franchisors and franchisees alike. Although all companies that accept credit cards are required to be PCI-compliant, a significant percentage of businesses fail to understand their PCI-DSS obligations. For franchise systems, the consequence of a data breach involving credit cards, even if limited to an individual franchise, can be very damaging both in dollars and brand good will. And that threat will only increase. The August 2013 Nilson Report estimated that total global payment-card fraud losses were $11.3 billion in 2012.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.