Bottom line: As of Tuesday night, the FTC’s non-compete rule has been set aside, cannot be enforced, and will not become effective on September 4, 2024.
As an update to our prior alert regarding the Federal Trade...more
8/22/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Competition ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Lack of Authority ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Set-Asides ,
Statutory Authority
Recent headlines implying a general a stay of the Federal Trade Commission’s non-compete rule are misleading. Here’s what employers need to know.
On April 23, 2024, the Federal Trade Commission approved a rule banning...more
7/10/2024
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Litigation Strategies ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Texas
The legal landscape surrounding the creation, use and governance of artificial intelligence (AI) is rapidly changing and growing, imposing significant obligations on business and new rights for individuals. In recent months,...more
6/5/2024
/ Algorithms ,
Artificial Intelligence ,
Consumer Protection Laws ,
Disclosure ,
Discrimination ,
Impact Assessments ,
Innovative Technology ,
Intellectual Property Protection ,
Legislative Agendas ,
Machine Learning ,
OMB ,
Policies and Procedures ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Management ,
USPTO
So far 2024 has seen a flurry of new and proposed state comprehensive privacy legislation. Nebraska and Kentucky are the two latest states to jump on the bandwagon. Both follow the now familiar framework established by the...more
5/7/2024
/ Consumer Privacy Rights ,
Covered Entities ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
Privacy Policy ,
Regulatory Requirements ,
State and Local Government ,
State Privacy Laws
The Federal Trade Commission voted 3-2 today to approve a final rule banning non-compete agreements nationwide. The rule is slated to go into effect 120 days after its published in the Federal Register....more
Last week the Florida Senate passed its version of a comprehensive privacy law (SB 262), entitled the Florida Digital Bill of Rights. If signed by Governor DeSantis, the Digital Bill of Rights will require large companies...more
Iowa has become the latest state to enact a consumer privacy law, joining California, Colorado, Connecticut, Utah, and Virginia. On March 28, Governor Kim Reynolds signed into law Senate File 262, which effective January 1,...more
4/5/2023
/ Consumer Protection Act ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Protection Principles ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
On May 29, 2022, Maryland amended the Maryland Personal Information Protection Act (PIPA). Effective October 1, 2022, the amendment (https://mgaleg.maryland.gov/2022RS/chapters_noln/Ch_502_hb0962E.pdf ) revises provisions...more
Late last month the Securities and Exchange Commission (“SEC”) charged JP Morgan, UBS and Trade Station with violations of Regulation S-ID based on a range of inadequacies in their identity theft red flag policies and...more
8/9/2022
/ Anti-Fraud Provisions ,
Business Development Companies ,
Cybersecurity ,
Data Protection ,
Disclosure Requirements ,
Investment Adviser ,
Investor Protection ,
Policies and Procedures ,
Popular ,
Proposed Rules ,
Registered Investment Companies (RICs) ,
Regulatory Agenda ,
Risk Management ,
Securities and Exchange Commission (SEC)
The U.S. Equal Employment Opportunity Commission (“EEOC”) is tasked with administrative enforcement of a variety of employment discrimination laws, including the Americans with Disabilities Act as amended (the “ADAAA”). The...more
5/25/2022
/ ADAAA ,
Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Disability Discrimination ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Popular ,
Reasonable Accommodation
Remember when we used to describe U.S. privacy regulation to our European colleagues as “sectoral” and thus limited to specific industries or circumstances—banking, healthcare, certain employment issues, identity theft, etc.?...more
Effective July 1, 2022, owners of personally identifiable information on residents of Indiana must provide notice of a data breach no later than 45 days after discovering of the breach. Currently, Indiana’s data breach law...more
The U.S. Equal Employment Opportunity Commission (EEOC) on May 28, 2021 issued updated guidance on vaccinations. The relevant excerpts are attached and the full EEOC guidance is here...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Incentives ,
New Guidance ,
Reasonable Accommodation ,
Vaccinations
The Employee Benefits Security Administration of the United States Department of Labor (“EBSA”) recently published guidance regarding cybersecurity best practices for recordkeepers and service providers responsible for plan...more
4/15/2021
/ 401k ,
Audits ,
Benefit Plan Sponsors ,
Cybersecurity ,
Data Security ,
Department of Labor (DOL) ,
EBSA ,
Employee Retirement Income Security Act (ERISA) ,
New Guidance ,
Pensions ,
Popular ,
Retirement Plan ,
Risk Assessment
With incredible speed, Virginia became the second state in the United States with a comprehensive data privacy law. Virginia’s law is called the Consumer Data Protection Act (CDPA). The CDPA is effective January 1, 2023,...more
3/11/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CDPA ,
Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
General Data Protection Regulation (GDPR) ,
Opt-Outs ,
Personal Information ,
Privacy Laws ,
Privacy Policy ,
State and Local Government ,
Vendor Contacts ,
Virginia
Facebook is at the center of the “Schrems” case, which exposed contradictions between U.S. and EU data privacy rules and toppled the U.S./EU Safe Harbor (Schrems I). In Schrems II, Austrian Max Schrems challenges the adequacy...more
Earlier we posted an article regarding the amendments to the California Consumer Privacy Act by AB 25 and AB1355 creating a moratorium on the application of much of the CCPA to employee personal information—subject to...more
The California Consumer Privacy Act (CCPA) imposes significant protections for California residents covered by the law, and significant burdens for companies required to comply with it. One area of concern is whether the CCPA...more
10/4/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Records ,
Exceptions ,
Job Applicants ,
Opt-Outs ,
Personal Data
On April 16, 2019, Representatives Saine, Jones and Reives introduced House Bill 904, the long anticipated amendments to the North Carolina Identity Theft Protection Act, N.C. Gen. Stat. § 75-61 et seq.. We first wrote about...more
4/17/2019
/ Amended Legislation ,
Consumer Reporting Agencies ,
Credit Reporting Agencies ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Protection ,
Identity Theft ,
Notification Requirements ,
Popular ,
State Data Breach Notification Statutes ,
Unfair or Deceptive Trade Practices
Following in the footsteps of California, and the European Union’s General Data Protection Regulation, the State of Washington is taking steps to adopt a comprehensive privacy law focused on protecting consumer information....more
4/11/2019
/ Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Fair Credit Reporting Act (FCRA) ,
Gramm-Leach-Blilely Act ,
Personal Data ,
Personally Identifiable Information ,
Proposed Legislation ,
State and Local Government
With major consumer data breaches making headlines on a semi-regular basis, legislators around the country are starting to hold businesses more accountable for cybersecurity compliance. Industry-specific laws such as HIPAA...more
2/7/2018
/ Cyber Attacks ,
Cybersecurity ,
Data Protection ,
Data Security ,
FTC Act ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personally Identifiable Information ,
Popular ,
Proposed Legislation ,
State and Local Government ,
State Data Breach Notification Statutes ,
Unfair or Deceptive Trade Practices
Recently the state of New Mexico enacted the Data Breach Notification Act, making it the 48th state in the United States to enact a statute requiring notice to individuals impacted by a data breach. In doing so, New Mexico...more
We don’t see a lot of data breach litigation here in the Fourth Circuit. So it is notable that the Fourth Circuit Court of Appeals issued an opinion yesterday that weighs in on the standing debate (For more on the debate:...more
2/9/2017
/ Administrative Procedure Act ,
Article III ,
Data Breach ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
Motion to Dismiss ,
Privacy Laws ,
Standing ,
Subject Matter Jurisdiction ,
Substantial Risk of Harm ,
Summary Judgment
A common and understandable concern of companies that suffer a data breach is whether the victims can sue the company. It is tempting to assume that the victims won’t sue if they do not suffer identity theft or monetary loss...more
1/18/2017
/ Article III ,
Clapper v. Amnesty International ,
Cybersecurity ,
Data Breach ,
FACTA ,
Injury-in-Fact ,
SCOTUS ,
Split of Authority ,
Spokeo v Robins ,
Standing ,
Statutory Damages ,
Statutory Violations ,
Substantial Risk of Harm
The Federal Trade Commission, continuing its quest to be the enforcer of consumer privacy rights, has come down hard this month on ASUSTeK and LabMD for their failure to have adequate data security standards. Because the FTC...more