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Everything Is Bigger in Texas…Except for Reproductive Privacy Rights

This is not a drill: the Texas Attorney General is coming for HIPAA. On September 4, 2024, the State of Texas sued the United States Department of Health and Human Services (DHHS) to enjoin portions of HIPAA regulations,...more

FTC Flags a New Form of Unsportsmanlike Conduct via Notice of Penalty Offense

The FTC recently sent five tax preparers a notice of its intention to pursue civil penalties (“Notice”) if they continue to use consumers’ data for purposes other than tax preparation (such as advertising) without first...more

My Health, My Data, My Class Action Lawsuit: Why the Washington My Health My Data Act Deserves EVERY Company’s Attention

To say there’s been a lot of new privacy law in the last decade is an understatement. For those of us who think we’ve “seen it all,” many of these new laws arrive and elicit a sense of challenge (for the optimists) or mild...more

Abracadabra! The FTC Pulls a New Federal Breach Notice Standard out of its Hat

On May 20, 2022, with little fanfare and just five short paragraphs, the Federal Trade Commission announced that businesses must publicly report security incidents to prevent potential harms, even if no other applicable law...more

Worried about Ransomware? Ten Steps to Help Legal Counsel Understand and Mitigate the Risk

Executive teams in the U.S. live in fear of a successful ransomware attack, and who can blame them? Attacks are both prevalent and evolving. Many attackers have shifted from encrypting data and locking up systems to also (or...more

CUL8R TCPA: SCOTUS Delivers a BFD Opinion in TXT MSG Litigation Landscape

In a unanimous decision we sincerely hope was not a cruel April Fool’s Day gag, yesterday the United States Supreme Court ruled in favor of Facebook in a high-profile TCPA class action, drastically narrowing the definition of...more

No Silver Linings: EDPB Issues a Grim Forecast on U.S.-Based Cloud and Data Access with New Guidance

On November 10, 2020, the European Data Protection Board (“EDPB”) issued highly anticipated guidance intended to clarify how data exporters could legally transfer data to “third countries” under GDPR following the Schrems II...more

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