Utah is among the first in the nation to pass legislation aimed at regulating the burgeoning field of artificial intelligence (AI). The bill (SB0149), known as the Artificial Intelligence Policy Act, was signed by Governor...more
The homebuying market as we know it is about to see sweeping changes. On Friday, March 15, 2024, the National Association of Realtors (NAR) announced a settlement with groups of home sellers, agreeing to end antitrust...more
3/19/2024
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Buyers ,
Fee-for-Service ,
National Association of Realtors ,
Real Estate Brokers ,
Real Estate Market ,
Sellers ,
Settlement
On July 26, 2023, the U.S. Securities and Exchange Commission (“SEC”) adopted final rules relating to enhanced cybersecurity disclosures, which became effective on September 5, 2023 (the “Final Rules”). Beginning in December...more
11/3/2023
/ Cyber Incident Reporting ,
Cyber Insurance ,
Cybersecurity ,
Disclosure Requirements ,
Due Diligence ,
Incident Response Plans ,
New Rules ,
Regulation S-K ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Vendor Contacts
After years of uncertainty in the privacy rules governing transfer of data from the EU to the U.S., the new transatlantic data privacy framework has finally been adopted. On July 10, the European Commission formally adopted...more
By Geoffrey L. Gunnerson and Tony Caldwell The Arizona Court of Appeals, Division One, affirmed lower Arizona court rulings that sales of leased software in Arizona constitutes a sale of tangible personal property (TPP),...more
On November 28, 2022, the U.S. Department of Health and Human Services (“HHS”) proposed sweeping changes to the rules that govern use and disclosure of protected health information (“PHI”) about patients receiving substance...more
1/23/2023
/ Breach Notification Rule ,
Department of Health and Human Services (HHS) ,
Enforcement ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
HITECH Act ,
Notice of Proposed Rulemaking (NOPR) ,
Patient Rights ,
Penalties ,
PHI ,
Proposed Rules ,
Substance Abuse
During the last 20 years, the state of the law regarding personal data transfers between the U.S. and Europe has undergone many changes and evolutions. Initially, the European Commission and the U.S. Government worked...more
The California Privacy Protection Agency (CPPA) held a board meeting on October 28 - 29, 2022 (the “Meeting”) to review proposed modifications to the California Privacy Rights Act (CPRA). The CPRA is effectively an amendment...more
The California Consumer Privacy Act (CCPA) took effect on January 1, 2020, instituting requirements on certain businesses processing personal information about California consumers. Businesses subject to the law currently...more
This Legal Alert is a follow up to our June 3, 2021 Legal Alert, “Supreme Court Narrows Scope of the Computer Fraud and Abuse Act,” and provides an overview of relevant legal developments related to the topic as well as...more
7/27/2021
/ Application Programming Interface (APIs) ,
California Consumer Privacy Act (CCPA) ,
Cease and Desist Orders ,
Computer Fraud and Abuse Act (CFAA) ,
Databases ,
General Data Protection Regulation (GDPR) ,
LinkedIn ,
Personally Identifiable Information ,
SCOTUS ,
Unauthorized Access ,
Van Buren v United States ,
Web Scraping
On July 7, 2021, Colorado Governor Jared Polis signed the Colorado Privacy Act (CPA) into law, which, when it takes effect on July 1, 2023, will place affirmative obligations on entities that conduct business in Colorado (or...more
7/13/2021
/ Colorado ,
COPPA ,
Data Privacy ,
Fair Credit Reporting Act (FCRA) ,
General Data Protection Regulation (GDPR) ,
Governor Polis ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
Personal Data ,
Privacy Laws
In a highly anticipated ruling, on June 3, 2021, the U.S. Supreme Court narrowed the scope of the Computer Fraud and Abuse Act’s (“CFAA”) application in Van Buren v. United States. The CFAA prohibits computer hacking and...more
Following a series of high-profile ransomware attacks – where an organized criminal group or nation-state actor encrypts a company’s network and data and threatens to expose or delete it unless the company pays ransom –...more
On July 16, 2020, the Court of Justice of the European Union (“ECJ”), EU’s highest court, issued a judgment which (i) immediately invalidated the EU – U.S. Data Privacy Shield Framework (“Privacy Shield”)1 and (ii) maintained...more
The U.S. Department of Justice (“DOJ”), the Federal Trade Commission (“FTC”) and various other federal, state and local government agencies have focused enforcement efforts on the COVID-19 pandemic and are aggressively...more
As a follow up to our legal alert posted on April 7, 2020, the Federal Communications Commission ("FCC") announced that it is accepting applications for its $200 million COVID-19 Telehealth Program as of April 13, 2020. As a...more
4/16/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Emergency Response ,
FCC ,
Filing Requirements ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Medicare ,
OCR ,
Physician Medicare Reimbursements ,
Physicians ,
Public Health ,
Relief Measures ,
Telehealth ,
Telemedicine ,
Waivers
At the same time as the Federal Communications Commission (“FCC”) adopted final rules to establish a multi-year telehealth pilot program entitled the “Connected Care Pilot Program,” the commission released a Report and Order,...more
4/8/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
FCC ,
Health Care Providers ,
Internet Service Providers (ISPs) ,
Lenders ,
Medical Devices ,
Medical Equipment ,
Medical Monitoring ,
SBC ,
Telecommunications ,
Telehealth
Arizona Governor Doug Ducey signed SB 1353 into law on April 10, 2018, repealing Arizona’s previous LLC laws and replacing them with the new Arizona Limited Liability Company Act—colloquially known as ALLCA.1 ALLCA becomes...more
On Wednesday, December 12, 2018, Senator Brian Schatz (D-HI), Ranking Member of the Communications, Technology, Innovation, and the Internet Subcommittee, introduced The Data Care Act of 2018. The bill, which is co-sponsored...more
12/14/2018
/ Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Use Policies ,
Duty of Care ,
Duty of Confidentiality ,
Duty of Loyalty ,
Federal Trade Commission (FTC) ,
Internet Service Providers (ISPs) ,
Mobile Apps ,
Online Platforms ,
Personal Data ,
Privacy Laws ,
Proposed Legislation ,
Technology Sector ,
Websites