Benjamin Jensen

Benjamin Jensen

Benjamin Jensen is counsel in the firm’s Business Litigation Group, where he is a member of the Intellectual Property Litigation and Data Privacy and Security Practice Teams. His practice involves representing clients in complex business litigation matters in state and federal courts, with a focus on matters involving intellectual property, data security, and contract disputes. Benjamin’s practice also includes representing health care providers and corporate clients in regulatory matters before the Connecticut departments of Health, Social Services, and Banking. Read his rc.com bio here.

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New Nevada Law Recognizes Enforceability of Blockchain Transactions; Blocks Local Government Regulation and Taxation

Senate Bill 398, unanimously passed by the Nevada legislature and signed into law by the Governor on June 5th, represents the most far-reaching state legislation to date concerning the use of blockchain technology. Blockchain is a decentralized database system that can be used to track and manage a broad range of digital transactions. Originally conceived … Continue Reading

Fourth Circuit Vacates $12M FCRA Class Action Judgment Against Experian

On May 11, 2017, the Fourth Circuit Court of Appeals vacated a $12 million judgment against Experian Information Solutions, Inc. (“Experian”) in a class action against the credit reporting bureau alleging violations of the Fair Credit Reporting Act (“FCRA”). Relying on the standard set forth by the U.S. Supreme Court in Spokeo, Inc. v. Robins, … Continue Reading

Congress, FCC Weigh Measures to Repeal ISP Privacy Rules

Last October, the Federal Communications Commission (FCC) approved new privacy rules governing how Internet Service Providers (ISPs) are permitted to use and share its customers’ personal information. The rules have been fiercely contested by telecom companies that contend they are being unfairly held to more stringent regulations than so-called edge providers (Google, Facebook, etc.), which … Continue Reading

Data Breach Involving CloudPets “Smart” Toys Raises Internet-of-Things Security Concerns

On February 27, 2017, news reports disclosed a major security breach involving Spiral Toys, the seller of the CloudPets brand of internet-connected stuffed animals. The Bluetooth-connected CloudPets toys allow users to exchange voice messages between the toys and applications on smartphones or tablets. An investigation by cybersecurity researcher Troy Hunt revealed that customer data for … Continue Reading

FCC Releases Proposal for New Privacy Rules Governing ISPs

In an October 6, 2016, blog post and accompanying fact sheet, FCC Chairman Tom Wheeler outlined his proposal for new privacy rules governing Internet Service Providers (ISPs) to be considered by the full Commission during its upcoming monthly meeting on October 27. Chairman Wheeler’s post detailed the scope of the issue – ISPs are collecting information … Continue Reading

Feds identify security vulnerabilities in state healthcare exchange websites

A Government Accountability Office (GAO) examination of the state-run health insurance exchanges for California, Kentucky and Vermont identified inadequate security measures in place to protect consumers’ personal information. While state officials from Kentucky and California denied that any security breaches had occurred or that any personal data had been compromised as a result of the … Continue Reading

FTC hosts workshop on cross-device tracking

On November 16, 2015, the Federal Trade Commission (FTC) hosted a workshop focused on the growing practice of cross-device tracking and the associated privacy concerns. While many consumers are aware that their Internet browsing is tracked and used by advertisers, many are unaware they can be monitored across multiple devices while watching television, using mobile … Continue Reading

NAIC cybersecurity task force adopts Cybersecurity Bill of Rights for insurance consumers

On October 14, the National Association of Insurance Commissioners (NAIC) Cybersecurity (EX) Task Force released an updated draft of its Cybersecurity Bill of Rights. The bill, which updates a prior draft published for comment in July 2015, details certain rights of insurance consumers in connection with protection of personal information and responses to data breaches … Continue Reading

Interim rule requires Department of Defense contractors to report cyber breaches

Companies doing business with the U.S. Department of Defense are facing new requirements for reporting data security breaches and for acquiring cloud computing services. The Interim Rule, effective August 26, 2015, amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Act for Fiscal Years 2013 and 2015, which … Continue Reading

FTC Provides Data Security Guidance to Businesses Based on Lessons From Past Enforcement Actions

On June 30th, the Federal Trade Commission (FTC) published a guide titled Start With Security: A Guide for Business, providing 10 lessons learned from the over 50 enforcement actions brought by the FTC against companies that failed to adequately protect consumer data. The lessons and advice offered by the FTC guide are certainly common-sense, but … Continue Reading

Senate Democrats offer Consumer Privacy and Protection Act of 2015

Senate Democrats, led by Senate Judiciary Committee Ranking Member Patrick Leahy of Vermont, introduced legislation on April 30, 2015 directed to online consumer privacy and data protection. The Consumer Privacy and Protection Act of 2015, one of multiple proposals before Congress this year, requires companies storing sensitive personal or financial information on 10,000 or more … Continue Reading
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