Save the Date: iLaw 2020

Join the International Law Section 

If you are reading the Gazette, chances are that you are a practitioner or a student with an interest in International Law, one of the most wide-ranging, exciting and challenging legal specialties. Everyone in our field knows how crucial it is to stay on top of diverse and evolving national legal regimes, and at the same time, the difficulty of keeping meticulously up-to-date on developments around the world.
The International Law Section (ILS) of The Florida Bar is here to help you, the practitioner, navigate both the everyday and big-picture challenges of our field. Our Section is your forum to share knowledge and best practices, and to meet and mingle with peers in professional collaborations that can only enhance your grasp of the specialty and your standing among clients and peers.
Let ILS membership assist you in developing a thriving international practice through peer network development that includes important shared learnings and reciprocal referrals of clients and casework.
If your practice transcends borders, join us in making this the authoritative, go-to forum for Florida and the gateway to the region for anyone practicing International Law. Our Section is open to lawyers from other states and countries, full-time faculty at U.S. law schools, and full-time U.S. law students, all of whom may participate as associate members. For more information regarding membership with the ILS, click HERE.

International Law Section – Call for Member News

The Executive Board of the International Law Section calls for all Members to share news about their professional achievements, endeavors, and successes to be published in theGazette and on the International Law Section website.
To share your professional achievements with the ILS Network, please submit all relevant information to Davide Macelloni, Editor of the ILS Gazette.

Save the Date: iLaw 2020

Great Success for The Florida Bar ILS Retreat

ILS Chair’s News & Notes

Save the Date: Richard DeWitt Memorial Vis Pre-Moot

Save the Date: Richard DeWitt Memorial Vis Pre-Moot

Save the Date! The International Law Section will once again be hosting the Richard DeWitt Memorial Vis Pre-Moot on Saturday, February 29, 2020 at JAMS, 600 Brickell Avenue, Suite 2600, Miami, Florida, for teams competing in the Willem C. Vis International Commercial Arbitration Moot competition in Vienna and Hong Kong. The day-long event includes four rounds between the competing law schools with seasoned practitioners serving as arbitrators.
Register Your Team! To Register a team, please contact Alicia Menendez at amenendez@shb.com or write us at ilspremoot@gmail.com.
Volunteer as an Arbitrator! If you are interested in serving as a volunteer arbitrator or would like more information, please contact Adrian Nuñez at anunez@jonesday.com or write us at ilspremoot@gmail.com.

Facebook to Pay $5 Billion to FTC and $100 Million to SEC for Privacy and Disclosure Violations

By Richard Monter De Oca* and Priscila Bandeira**

On July 24, 2019, the U.S. Federal Trade Commission (“FTC”) and Facebook, Inc. announced a $5 billion settlement to resolve a privacy probe investigating whether Facebook had violated a prior FTC consent decree. On the same day, the U.S. Securities and Exchange Commission (“SEC”) announced charges against Facebook for inadequate and misleading disclosures to its shareholders. The SEC alleged that for two years, Facebook’s public disclosures failed to properly warned its consumer data protection and privacy issues. Facebook did not admit or deny the SEC’s allegations, but agreed to pay the $100 million fine.

The FTC announced in a statement that this is “one of the largest civil penalties in U.S. history.” Previously, the highest FTC fine had been $22.5 million against Google in 2012.

In 2011, Facebook entered into a settlement agreement with the FTC that required the company to obtain user consent before sharing their data and to improve its protection of consumer data. However, Facebook violated the agreement by carrying out a series of improper privacy practices. Specifically, the allegations that political data firm Cambridge Analytica acquired data from up to 87 million Facebook users through a quiz app. Facebook also allegedly misled its users about whether they had turned on a face recognition setting for the company’s “tagging” tool and exploded users’ phone numbers for targeted advertisement without their express consent. Also, Facebook suffered a large data breach shortly after the Cambridge Analytic Scandal, which exposed a least 50 million users. In the current settlement, Facebook executives had to sign the settlement under the penalty of perjury, risking civil and criminal liability if they fail to comply. It also required the creation of an independent panel of the Board to oversee Facebook’s privacy practices.

Facebook is also under investigation in Europe for alleged General Data Protection Regulation (“GDPR”) violations and could be facing further legal challenges after the California Consumer Privacy Act becomes effective on January 1, 2020.

Privacy regulating class actions and regulatory enforcement by the FTC, SEC, and other regulators involving data breached, cyberattacks, snd disclosures are increasing. It is critical for companies to establish or enhance their Privacy and Data Protection Compliance Program. MDO Partners encourages companies to conduct cybersecurity risk assessments, adopt robust privacy policies, enhance disclosure controls and adopt cyberattack investigation procedures to help mitigate the risk associated with a cyberattack and data breaches.

*Richard Montes De Oca is Managing Partner at MDO Partners, a boutique law firm that focuses on Corporate, International, and Real Estate Law, as well as Global Compliance and Business Ethics.

**Priscila Bandeira is a Global Compliance and Corporate Law Associate Counsel at MDO Partners, where she assists clients with corporate governance documentation, corporate formation, and international transactions. A graduate of the J.D./L.LM Joint Program at the University of Miami, Ms. Bandeira is also registered with the Brazilian Bar.