Jill Jaffe

Jill Jaffe

Nossaman LLP

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Regulators Nationwide Weigh in on CPUC Litigation

In May, we posted a blog on litigation filed by telecom providers and trade associations to prevent the California Public Utilities Commission (CPUC) from requiring Plaintiffs to turn over competitively sensitive data to a...more

8/11/2016 - Confidential Information CPUC Data Protection FCC Preemption Preliminary Injunctions Telecommunications

California Telecom Providers File Suit to Protect Competitively Sensitive Information

On May 5, AT&T Mobility along with several other telecommunications providers and trade associations filed a complaint in the Northern District of California against the California Public Utilities Commission (“CPUC”)...more

5/19/2016 - ALJ AT&T Mobility Broadband Confidential Information CPUC Data Collection FCC Fourth Amendment Mobile Broadband Services Preemption Public Utility Reporting Requirements Search & Seizure Supremacy Clause Telecommunications Wireless Industry

Internet of Things: FTC Settlement Again Emphasizes the Need to Protect Consumers

On February 23, the FTC announced that computer hardware maker ASUSTeK Computer, Inc. agreed to settle charges that it allegedly failed to protect consumers as required by federal law. The announcement of this settlement is...more

5/6/2016 - Cybersecurity Data Protection FTC Internet of Things Popular Privacy Concerns

Recent Decisions Applying the Covalt and Hartwell Test

Two California Courts of Appeal recently reviewed decisions involving the California Public Utilities Commission in a pair of cases that build on the principles established by the California Supreme Court in Covalt and...more

2/8/2016 - CA Supreme Court CPUC Enrollment Federal Jurisdiction Public Utility Regulatory Oversight Southern California Edison Utility Rates Utility Sector

The Water Board Will Consider Changes to Its Emergency Drought Regulation for 2016

El Niño is upon California. Yet, despite the ample rain and snow expected this winter, the State Water Resources Control Board (“Water Board”) is almost certain to extend its emergency drought regulation into 2016. The...more

1/26/2016 - Comment Period Drought State of Emergency Water Conservation Water Resources Control Board

Notice-and-Comment is Not Required for Changes Made to Interpretive Rules

On March 9, 2015, Justice Sotomayor, writing on behalf of the majority, overturned the Paralyzed Veterans doctrine, which requires federal agencies to use a notice-and-comment process before making a significant revision to...more

3/23/2015 - Administrative Procedure Act Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Statutory Interpretation

Anthem Breach – Implications for What Constitutes “Reasonable” Security Procedures Under California Law.

Upwards of 80 million Americans may be affected by the Anthem data breach.  According to Anthem’s press release, the hackers gained access to the names, birthdays, medical IDs/social security numbers, street addresses, email...more

2/10/2015 - Anthem Insurance Class Action Data Breach Government Investigations Insurance Industry Personally Identifiable Information Popular

Disclosing Data Collection Practices: Is An Opt-Out Program Enough?

Verizon Wireless announced last Friday that its customers will soon be able to opt out of the tracking identifiers Verizon uses to target ads at its customers.  These tracking identifiers, dubbed supercookies, are unique...more

2/4/2015 - Advertising Cookies Data Collection Data Mining Facebook Google Opt-Outs Popular Verizon

New York Will Consider Increasing Data Security Laws

New York’s Attorney General, Eric T. Schneiderman, plans to propose new data security legislation this year which, if enacted, could result in New York having one of the strongest data breach laws in the country....more

1/27/2015 - Data Protection Personally Identifiable Information Proposed Legislation

Cybersecurity: It’s Not Just An “IT” Problem Anymore

Cybersecurity breaches made headlines in 2014, but how troubling is it? Very, according to findings recently published by PricewaterhouseCoopers LLP (PwC). According to PwC’s research, global cybersecurity incidents...more

1/2/2015 - Banking Sector Banks Cyber Attacks Cyber Crimes Cybersecurity Financial Institutions OCIE PricewaterhouseCoopers

The Hearsay Rule Matters In Calif. PUC Proceedings

On Feb. 5, 2014, the California Court of Appeal for the First District issued its decision in The Utility Reform Network v. Public Utilities Commission (TURN v. PUC), in which the court established a clear rule that hearsay...more

3/13/2014 - CPUC Hearsay PG&E Power Plants Utilities Sector

The Hearsay Rule Matters in California Public Utilities Commission Proceedings

Just last week, the California Court of Appeal issued its decision in The Utility Reform Network v. Public Utilities Commission (TURN v. PUC), in which the Court established a clear rule that hearsay evidence in-and-of-itself...more

2/11/2014 - CPUC Hearsay PG&E Utilities Sector

Limited Defenses Available Against FDIC As Receiver

As of August 2013, since the fallout from the recent financial crisis, the FDIC as receiver for failed banks has brought suit against former directors and officers of 76 failed institutions. These lawsuits are based on...more

10/11/2013 - Banking Crisis Board of Directors Defense Strategies FDIC Federal Tort Claims Act (FTCA) Fiduciary Duty FIRREA Gross Negligence Negligence Receivership

California Public Utilities Commission Proceeding Updates Affecting the California Biogas Industry

Two pending proceedings at the California Public Utilities Commission ("CPUC") will substantially influence market opportunities for instate biogas producers. The CPUC initiated a rulemaking last week to address a number of...more

3/4/2013 - Biofuel CPUC Renewable Energy

New Biogas Rules to be Considered at California Public Utilities Commission

Upcoming decisions of the California Public Utilities Commission ("CPUC") on two matters related to biogas will substantially influence market opportunities for instate biogas producers for the foreseeable future. The CPUC is...more

1/18/2013 - Biofuel Competition CPUC Pipelines Renewable Energy Safety Precautions Tariffs

Greenhouse Gas Allowance Auction Revenues Possibly On Track to be Returned to Utility Customers

On December 20, 2012, the California Public Utilities Commission ("CPUC") issued a decision directing the allocation of revenues generated by the investor-owned utilities' auctioning of greenhouse gas ("GHG") allowances...more

1/15/2013 - Cap-and-Trade GHG Auction Global Warming Solutions Act Greenhouse Gas Emissions

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