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CCPA Business-to-Business and Employment Information Exceptions Ending

As the California Privacy Rights Act (CPRA) comes into effect on January 1, 2023, the temporary and partial exceptions for employment and business-to-business information will expire, making California the first and only...more

California Attorney General Announces First CCPA Enforcement Action

On August 24, 2022, California Attorney General Rob Bonta announced a settlement with Sephora, Inc. that included a fine of $1.2 million for alleged violations of the California Consumer Privacy Act (CCPA). The settlement is...more

FTC Reminds CafePress That There Are Consequences for Data Breach (In)actions

The Federal Trade Commission (FTC) accepted a proposed consent agreement earlier this week that includes payment of $500,000 for consumer redress from CafePress, an online platform allowing consumers to purchase customized...more

Security Measures to Deploy Now to Defend Against a Russian Cyberattack

On February 22, 2022, U.S. Department of Homeland Security Secretary Alejandro Mayorkas warned critical infrastructure organizations located in the United States of possible cyberattacks by Russian state-sponsored actors in...more

California Appellate Court Holds Plaintiffs in Website Accessibility Challenges Must Have “Bona Fide Intent” To Use Services

Across the country, companies have been grappling with website accessibility challenges filed by serial plaintiffs alleging the company’s website is not fully accessible to individuals with disabilities. The complaints...more

Practical Steps for Organizations to Use the New Standard Contractual Clauses

The European Commission adopted new versions of the Standard Contractual Clauses (SCCs) on June 4, 2021. The new SCCs finally replace the original SCCs adopted under the 1998 European Data Protection Directive (DPD) and did...more

Supreme Court Rules Injury at Law Insufficiently Concrete to Establish Injury in Fact

On Friday morning, the Supreme Court issued its eagerly awaited opinion in TransUnion LLC v. Ramirez (No. 20-297). Justice Kavanaugh delivered the opinion of the Court, with which four Justices concurred; Justices Thomas,...more

White House Issues Open Letter to Private Businesses Regarding the Threat of Ransomware

On June 2, 2021, Anne Neuberger, Deputy Assistant to the President and Deputy National Security Advisor for Cyber and Emerging Technology, published a rare open letter to the corporate executives and business leaders of...more

Supreme Court Limits the Scope of Computer Fraud & Abuse Act

On June 3, 2021, the U.S. Supreme Court significantly narrowed the scope of the Computer Fraud and Abuse Act (CFAA) in Van Buren v. United States. In this closely watched case, the Court decided when a person “exceeds...more

California Voters Pass the California Privacy Rights Act

While the world anxiously awaited the results of the November 2020 U.S. federal elections, California silently passed California Proposition 24, the California Privacy Rights Act (CPRA). Labeled on the ballot simply as...more

U.S. Cybersecurity Organizations Issue Warning on Ransomware Activity Targeting Healthcare with Guidance Applicable to All...

On October 28, 2020, the U.S. Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the U.S. Department of Health and Human Services (HHS) issued a joint warning that they...more

European High Court Invalidates EU-U.S. Privacy Shield but Upholds Standard Contractual Clauses with Additional Safeguards

On July 16, 2020, the Court of Justice of the European Union (CJEU) issued its anxiously-awaited judgment in the Schrems II case. The CJEU’s decision upheld the Standard Contractual Clauses (SCCs) but, somewhat surprisingly,...more

Privacy Considerations for Businesses Screening Employees and Visitors as They Reopen in California

New privacy challenges await California businesses as they begin to develop plans to reopen after more than two months of lockdown due to the COVID-19 pandemic. Most businesses are required to fill out a county-specific safe...more

Managing the Commercial Impact of the Coronavirus: Sixteen Counties and Three Cities in California Under Shelter In Place Order or...

On March 19, 2020, California Governor Gavin Newsom issued an Executive Order requiring Californians to “stay at home or at their place of residence” until further notice except as needed to maintain continuity of 16...more

COVID-19: Privacy and Cybersecurity Regulatory and Enforcement Guidance (Updated)

On March 19, 2020, the European Data Protection Board (EDPB) adopted a statement on the processing of personal data in the context of the COVID-19 outbreak. The EDPB made it clear that while the EU’s General Data Protection...more

COVID-19: Privacy and Cybersecurity Regulatory and Enforcement Guidance

As industry continues to adapt to the evolving realities of shelter-in-place orders, companies face challenges in supporting an unprecedented remote workforce while balancing compliance with a variety of regulatory agencies....more

Managing the Commercial Impact of the Coronavirus: Sixteen Counties and Three Cities in California Under Shelter In Place Order or...

On March 19, 2020, California Governor Gavin Newsom issued an Executive Order requiring Californians to “stay at home or at their place of residence” until further notice except as needed to maintain continuity of 16...more

Managing the Commercial Impact of the Coronavirus: Top Five Considerations Regarding Insurance Coverage

As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these challenges...more

California Consumer Privacy Act and General Data Protection Regulation: A Guide to California Businesses

Beginning with the California Online Privacy Protection Act (CalOPPA) in 2004, California has led the U.S. in adopting laws to protect the privacy of its residents. California continued this trend by enacting the California...more

Proposed Bill Would Substantially Rewrite the California Consumer Privacy Act of 2018

...On April 4, 2019, California Assembly Member Wicks proposed sweeping changes to bill AB 1760, effectively repealing the California Consumer Privacy Act of 2018 (CCPA) and replacing it with the Privacy for All Act of 2019...more

California Moves Towards GDPR-like Privacy Protections in the California Consumer Privacy Act of 2018

...On June 28, 2018, California passed AB 375, the California Consumer Privacy Act of 2018 (CCPA), which will become effective January 1, 2020. Introduced just a week earlier in an effort to defeat a much stricter...more

DOJ Issues Guidelines for Enforcement Related to Off-Label Promotion

On February 28, 2018, Ethan P. Davis, the Deputy Assistant Attorney General for the Consumer Protection Branch, addressed the life sciences community regarding off-label promotion. In his remarks, Deputy Assistant Attorney...more

Companies Outside Retail And Financial Industries May Have Additional Arguments To Challenge Standing In Data Breach Cases

The data breach at the U.S. Office of Personnel Management was one of the most serious and possibly one of the top ten largest data breaches of the 21st century, compromising background investigation records for some 22...more

Robins v. Spokeo: Opening the Door to Standing on Privacy Lawsuits?

In a ruling that is likely to have significant impact on privacy litigation, the Ninth Circuit determined on Tuesday that a plaintiff’s claim that the Fair Credit Reporting Act (FCRA) had been violated was sufficient “injury”...more

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