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 York AG Warns Investors of Risks of Trading on Cryptocurrency Exchanges

As part of its Virtual Markets Integrity Initiative, on September 18, 2018,  the New York Attorney General’s Office issued a report reviewing the platforms of various cryptocurrency exchanges. The initiative arose from the recognition that online virtual currency exchanges perform functions markedly similar to traditional stock exchanges and broker-dealers, but are generally not registered under … Continue Reading

New York Department of Financial Services Cybersecurity Regulation 18-month Compliance Deadline Arrives

On September 4, 2018, the third stage of compliance deadlines under the New York Department of Financial Services’ (DFS) expansive cybersecurity regulation went into effect. This deadline, scheduled for implementation 18 months after the regulation (23 NYCRR 500) initially went into effect in March 2017 triggers Covered Entities’ obligations under the regulation to: Maintain systems … Continue Reading

State and Local Governments Test Blockchain Applications

Proponents of blockchain technology, the distributed ledger system underlying bitcoin and other cryptocurrencies, view the technology’s applications as potentially offering significant efficiencies to the provision of government services. Two pilot projects currently underway are geared toward exploring the technology’s potential in two key areas of services provided by state and local governments: real property recording … Continue Reading

Industry Groups Push for Modifications to California Consumer Privacy Act

As previously detailed, the California Consumer Privacy Act of 2018 was hastily passed by the California legislature as a compromise designed to avoid a more far-reaching ballot initiative. Recognizing the need to clarify various drafting errors, the drafters are currently working on Senate Bill 1121, intended to clarify certain provisions of the Act and to … Continue Reading

States Race to Embrace Blockchain Technology

Add Connecticut, Ohio and Vermont to the list of states passing legislation focused on the potential disruptive impact of blockchain – the technology underlying cryptocurrencies such as Bitcoin. As federal regulators continue to monitor and offer guidance in the cryptocurrency space, with particular focus on Initial Coin Offerings (ICOs), state legislatures around the country are … Continue Reading

California Enacts “GDPR-Esque” Privacy Law

On June 28, 2018, the California State Legislature passed, and Governor Jerry Brown signed, the California Consumer Privacy Act of 2018, bringing to the United States many of the rights and compliance obligations currently being applied by the European Union through its General Data Protection Regulation (GDPR). Effective January 1, 2020, the Act gives California … Continue Reading

California Consumer Privacy Act Likely to Appear on Ballot in November

Businesses are understandably focused this week on the looming effective date for the European Union’s General Data Protection Regulation (GDPR). For U.S. businesses, however, a proposed law closer to home would raise similar compliance burdens and create potential litigation risks. This November, voters in California will likely vote on whether to pass a ballot initiative, … Continue Reading

Wyoming Enacts Comprehensive Blockchain Legislation

As numerous states propose and enact legislation focused on blockchain technology and cryptocurrencies, in 2018, no state has been more aggressive in this space than Wyoming. In March, the state legislature passed several bills impacting cryptocurrency businesses, each of which is designed to position Wyoming as a blockchain-friendly environment for businesses. B. 0019: This bill … Continue Reading

New York Financial Services Cybersecurity Regulations Deadline Looming This Week

On March 1, 2018, the one year transition period within which banks, insurance companies, and other financial services institutions and licensees regulated by the New York Department of Financial Services (“Covered Entities”)  must have implemented a cybersecurity program ends. By March 1, the Covered Entities must be in compliance with the following requirements: 23 NYCRR … Continue Reading

New York’s Landmark Cybersecurity Regulation Compliance Deadlines Looming

On February 15, 2018—that is, today—banks, insurance companies and other financial services institutions and licensees regulated by the New York Department of Financial Services (DFS) are required to file their first certification of compliance with DFS’s far reaching cybersecurity regulation (23 NYCRR Part 500) (the “Regulation”). The Regulation, which became effective on March 1, 2017, … Continue Reading

Nationwide, State Legislators Push Blockchain-friendly Legislation

As previously reported, state legislatures throughout the country continue to propose legislation designed to facilitate the use of blockchain-based technology by businesses within their states. In recent weeks, legislatures in Florida and Nebraska have each proposed laws streamlining the transaction of business electronically and through use of distributed ledgers on blockchain applications. In Arizona, the … Continue Reading

Proposed Legislation in New York Would Recognize Enforceability of BlockChain Transactions and Explore Applications of Technology

While the investment potential of cryptocurrencies, including BitCoin, has been all over the news in recent weeks, state governments have begun to explore the practical applications of blockchain – the technology underlying BitCoin.  In New York, Assemblyman Clyde Vanel introduced four bills in late November related to blockchain technology. The first, Assembly Bill 8780, would … Continue Reading

SEC Brings Fraud Action Against ICO Creator

In its first lawsuit targeting Initial Coin Offerings (ICOs), the Securities and Exchange Commission (SEC) has filed fraud charges against the creator of the ICOs marketed as “REcoin” and “DRC.” The action, filed in the United States District Court for the Eastern District of New York on September 29, 2017, alleges that Maksim Zaslavskiy, operating … Continue Reading

Alabama Adopts New Law Governing Virtual Currency Transactions

This month a new law governing virtual currency and online transactions went into effect in Alabama. The Alabama Monetary Transmission Act was passed by the legislature in May and replaces the “Sale of Checks Act” which had been in effect since 1961. The legislation regulates transactions involving virtual currency, such as BitCoin, as well as … Continue Reading

Primer on the Draft Uniform Regulation of Virtual Currency Businesses Act

The Uniform Law Commission is set to vote on a draft Uniform Regulation of Virtual Currency Businesses Act at its upcoming annual meeting in San Diego beginning on July 14th. As numerous states and federal regulators have already begun the process of regulating virtual currencies through “money transmitter” statutes or related legislation, the uniform act … Continue Reading

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
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