In Loper Bright Enterprises v. Raimondo, No. 22-451 (U.S. June 28, 2024), the United States Supreme Court (Roberts, J.) held that the Administrative Procedure Act (APA) requires courts to independently determine whether an...more
8/22/2024
/ Administrative Procedure Act ,
Ambiguous ,
Chevron Deference ,
Chevron v NRDC ,
Consumer Financial Protection Bureau (CFPB) ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
National Marine Fisheries Service ,
Regulatory Authority ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Statutory Interpretation
An update to a Georgia law regulating high-volume third-party sellers on ecommerce platforms that takes effect July 1, 2024 has proved controversial for wrapping in not only sales “through” the platform but also sales made by...more
ARTIFICIAL INTELLIGENCE -
What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023
Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more
2/7/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
To close out Data Privacy Week, California Attorney General Rob Bonta announced a new investigative sweep probing streaming apps’ and devices’ compliance with the California Consumer Privacy Act (CCPA).
The announcement...more
The enforcement division of the California Privacy Protection Agency (CPPA) recently announced it intends to review the privacy practices of connected vehicles. The driving force behind the review is the technologies in...more
In recent years, website operators have increasingly used chatbots to improve customer engagement and provide customer support. In the past several months, however, the plaintiffs’ bar has expressed concerns about the privacy...more
A plaintiff has her fingerprints forever. But she doesn’t have forever to file a lawsuit for improper retention, deletion, collection, or use of her fingerprints. For years, Illinois courts have been perplexed on what statute...more
A new set of California laws will require online marketplaces to gather verifiable identifying information about high volume third party sellers, or else boot them off the platform. The laws, which seek to combat the resale...more
Recently, Colorado’s new $0.27 retail delivery fee went into effect. The fee targets all deliveries by a motor vehicle that have at least one item of taxable and tangible personal property. This new levy impacts both in-state...more
California federal Judge William Alsup dismissed various claims against Mint Mobile LLC based on a data breach that exposed personal information of Mint customers. Plaintiff Daniel Fraser alleged that Mint, a mobile virtual...more
The New York Fashion Sustainability and Social Accountability Act (A8352/S7428), if passed, will be the first US law to explicitly place sustainability requirements aimed at large fashion companies...more
Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more
1/12/2022
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CAN-SPAM Act ,
CARU ,
CDPA ,
Consumer Privacy Rights ,
COPPA ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Employee Tracking ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft ,
Machine Learning ,
Mobile Privacy ,
Ransomware ,
SCOTUS ,
TCPA
The FTC has sent a strong message to industry that it plans to hold companies responsible for using endorsements and customer testimonials that deceive consumers. The recent warning signals the FTC’s focus on fake reviews...more
11/5/2021
/ Advertising ,
Brand ,
Civil Monetary Penalty ,
E-Commerce ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Misrepresentation ,
Social Media ,
Unfair or Deceptive Trade Practices
The Supreme Court recently dealt a potential blow to the FTC’s enforcement tool chest. In particular, the decision impacts its ability to seek monetary relief under a theory it has used in a wide variety of cases, included...more
In today’s COVID-era, more retailers are offering innovative solutions for customers to shop with minimal brick-and-mortar browsing time. Options to place an order online and pick up your items in the store are extremely...more
5/14/2021
/ Brick-and-Mortar Stores ,
Coronavirus/COVID-19 ,
E-Commerce ,
Escheat ,
Online Marketplace ,
Policy Terms ,
Retailers ,
Safety Standards ,
Sales Tax ,
Sellers ,
Terms of Use
Overriding the governor’s veto of H.B. 732 (2020), the Maryland Senate on February 12, 2021 passed the nation’s first state tax on the digital advertising revenues pulled in by large companies. This development follows...more
Governor Gavin Newsom of California vetoed a bill that would have created new limitations on data sharing for direct-to-consumer genetic testing companies.
The Genetic Information Privacy Act (GIPA) asked testing companies...more
10/21/2020
/ California Consumer Privacy Act (CCPA) ,
Coronavirus/COVID-19 ,
Data Collection ,
Data Privacy ,
Data-Sharing ,
Direct to Consumer Sales ,
Genetic Testing ,
Governor Newsom ,
Governor Vetoes ,
Health Insurance Portability and Accountability Act (HIPAA) ,
State and Local Government
NIL, the French data privacy regulator, issued a 400,000 euro ($448,358) fine against a company for GDPR violations stemming from sensitive information collected on its website. Investigating a complaint, CNIL discovered that...more
7/30/2019
/ Corporate Fines ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
General Data Protection Regulation (GDPR) ,
Personally Identifiable Information ,
Popular ,
Statutory Violations ,
Websites
The Washington Privacy Act (SB 5376) is making its way through that state’s House after gaining nearly unanimous approval in the state Senate just weeks after being introduced. This bill promises to overhaul how Washington...more
The U.K. data protection authority recently fined a lead generation company £90,000 ($118,000) for a 2017 unsolicited email marketing campaign. The company, Boost Finance Ltd, sent over 4 million emails promoting pre-paid...more
10/26/2018
/ Consent ,
Data Privacy ,
Data Protection ,
Email ,
Enforcement Actions ,
Fines ,
Information Commissioner's Office (ICO) ,
Marketing ,
Opt-Outs ,
Privacy and Electronic Communications Regulation 2003 (PECR). ,
Third-Party ,
UK
In City of North Miami Beach Gen. Employees’ Ret. Plan v. Dr Pepper Snapple Group, Inc., C.A. No. 2018-0227-AGB, 2018 WL 2473150 (Del. Ch. June 1, 2018), the Delaware Court of Chancery (Bouchard, C.) denied stockholders of Dr...more
In Jesner v. Arab Bank, PLC, 584 U.S. ___, 2018 WL 1914663 (U.S. Apr. 24, 2018) (Kennedy, J.), the Supreme Court of the United States held that foreign corporations may not be sued under the Alien Tort Statute (“ATS”), 28...more
5/3/2018
/ Alien Tort Statute ,
Banks ,
Corporate Liability ,
Extraterritoriality Rules ,
Foreign Corporations ,
Foreign Nationals ,
Human Rights ,
International Litigation ,
International Treaties ,
Jesner et al. v. Arab Bank ,
Jurisdiction ,
SCOTUS ,
Sovereign Immunity ,
Terrorism Funding