On August 21, 2019, the U.S. Court of Appeals for the Seventh Circuit held in FTC v. Credit Bureau Center, LLC, 2019 WL 3940917 (7th Cir. 2019) that the Federal Trade Commission (“FTC”) lacks authority to obtain monetary relief under Section 13(b) of the FTC Act. The FTC has relied on Section 13(b) to seek money relief in consumer protection enforcement actions, including privacy and cybersecurity matters, and had, prior to the Credit Bureau decision, suggested an intent to do so more frequently in the future. READ MORE
Seth counsels clients through all stages of a privacy or data security incident, navigating the array of legal issues that arise, managing the response and investigation of an incident and defending clients against resulting litigation and regulatory investigations. He is also a trusted advisor of top U.S. companies on cyber risk insurance, leveraging his experience to provide a nuanced understanding when evaluating cyber risk insurance contracts.
Seth collaborates with colleagues firmwide on privacy and cybersecurity compliance and on incident response, applying lessons learned from significant incidents to help clients ensure compliance and effective planning.
Seth also has experience representing clients in connection with claims by credit card brands and financial institutions around payment card-related data breaches. He advises clients on the Payment Card Industry Data Security Standards and negotiation of agreements implicating payment card data.