Technology assisted contact tracing (“TACT”), including contact tracing apps, have quickly become a component in many organizations’ and communities’ plans to combat COVID-19. Just as quickly as TACT entered the conversation,...more
The dramatic interruption of business processes resulting from the COVID-19 pandemic has revealed major inadequacies in the disaster recovery / business continuity policies of many organizations, both large and small....more
6/4/2020
/ Coronavirus/COVID-19 ,
Cyber Attacks ,
Cybersecurity ,
Hackers ,
Infectious Diseases ,
Phishing Scams ,
Public Health Emergency ,
Re-Opening Guidelines ,
Small Business ,
Social Distancing ,
Workplace Safety
Employers and employees are bracing themselves for a new heightened level of surveillance in the workplace not seen since the aftermath of 9/11. These new measures will leverage advanced technologies such as artificial...more
While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more
The Federal Communications Commission (FCC) has issued a Declaratory Ruling providing guidance (Guidance) on the implementation of the Telephone Consumer Protection Act of 1991 (TCPA) as COVID-19 continues to necessitate...more
4/9/2020
/ Advertising ,
Auto-Dialed Calls ,
California Consumer Privacy Act (CCPA) ,
Debt Collection ,
FCC ,
Healthcare Facilities ,
Hospitals ,
Privacy Laws ,
Robocalling ,
State of Emergency ,
TCPA ,
Telecommunications ,
Telemarketing
Over the last year, technology innovations in the automotive industry continued to be a boon for both drivers and manufacturers alike. However, with big gains in technology come big data, and 2019 delivered the next big wave...more
The coronavirus (also known as COVID-19) has already had a significant worldwide impact. Many businesses are likely to encounter difficulties with at least some of their IT service providers, as broad-reaching stay-at-home...more
The coronavirus (also known as COVID-19) has now been documented in more than 100 countries and territories. Over 120,000 cases have now been documented across the globe, resulting in more than 4,000 deaths, with cases...more
On March 9, 2020, the Department of Health and Human Services (HHS) published two major regulations that will give patients additional access to their health data, while also addressing security of that information. Health...more
3/12/2020
/ 21st Century Cures Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
EHR ,
Final Rules ,
Health Care Providers ,
Health Information Technologies ,
Medicaid ,
Medicare ,
Medicare Advantage ,
Patient Privacy Rights ,
Popular
As artificial intelligence continues to be an advantageous boom for companies in nearly every sector, many executives and regulators alike are struggling to understand both the boons and risks AI will bring to both companies...more
...The Impact of Emerging Technologies on Global Automotive Supply Chains -
The intense focus on autonomous vehicles and electrification we see today shows no signs of slowing down: in the new automotive industry, every...more
2/13/2020
/ Antitrust Provisions ,
Automotive Industry ,
Chapter 11 ,
Commercial Bankruptcy ,
Data Privacy ,
Employer Liability Issues ,
Intellectual Property Protection ,
Manufacturers ,
Motor Vehicles ,
NHTSA ,
Supply Chain ,
United States-Mexico-Canada Agreement (USMCA)
Beginning with the California Online Privacy Protection Act (CalOPPA) in 2004, California has led the U.S. in adopting laws to protect the privacy of its residents. California continued this trend by enacting the California...more
In the not-so-distant past, the automotive industry sought to be mostly self-sufficient. That is to say, that when an automobile manufacturer (commonly referred to as an OEM) wished to add a new feature to one of its...more
While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more
Welcome to Foley’s Automotive MarketTrends newsletter. In each edition, we will focus on a different aspect of the automotive sector and highlight key trends in the industry. In this issue, we focus on collaboration and the...more
6/27/2019
/ Automotive Industry ,
Bankruptcy Code ,
Chapter 11 ,
Data Collection ,
Data-Sharing ,
Drivers ,
Innovation ,
Intellectual Property Protection ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Technology Sector ,
Transportation Industry
Since the referendum to leave the EU rocked the UK in 2016, commentators, privacy personnel, and corporate officers alike have been speculating as to how Brexit will affect Britain’s subjugation to the General Data Protection...more
5/22/2019
/ Binding Corporate Rules ,
Data Protection ,
EU ,
European Economic Area (EEA) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
No-Deal Brexit ,
Personal Data ,
Privacy Laws ,
Standard Contractual Clauses ,
Third Country Entities (TCEs) ,
UK ,
UK Brexit ,
Withdrawal Agreement
Since the referendum to leave the EU rocked the UK in 2016, commentators, privacy personnel, and corporate officers alike have been speculating as to how Brexit will affect Britain’s subjugation to the General Data Protection...more
5/21/2019
/ Automotive Industry ,
Binding Corporate Rules ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
European Economic Area (EEA) ,
General Data Protection Regulation (GDPR) ,
Personal Data ,
Standard Contractual Clauses ,
Third Country Entities (TCEs) ,
UK ,
UK Brexit ,
UK Data Protection Act
...On April 4, 2019, California Assembly Member Wicks proposed sweeping changes to bill AB 1760, effectively repealing the California Consumer Privacy Act of 2018 (CCPA) and replacing it with the Privacy for All Act of 2019...more
4/11/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Disclosure Requirements ,
Opt-In ,
Personal Data ,
Private Right of Action ,
Proposed Amendments ,
Regulatory Oversight ,
Right to Be Forgotten ,
Third-Party Service Provider
A boom in automobile technology and connectivity in 2018 further boosted expectations of consumers regarding the integration and functionality of their devices and vehicles. Automobile manufacturers have responded by...more
2/22/2019
/ Automotive Industry ,
Connected Cars ,
Cyber Attacks ,
Cybersecurity ,
Data Protection ,
Federal Trade Commission (FTC) ,
Information Technology ,
Manufacturers ,
Motor Vehicles ,
NHTSA ,
Popular ,
Privacy Concerns ,
Regulatory Oversight ,
Risk Mitigation
The U.S. Department of Health and Human Services (HHS) recently proposed two new rules designed to increase patient and provider access to health records. As stated by HHS in its press release, the proposed rules “will...more
2/21/2019
/ Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Exchanges ,
Health Insurance Portability and Accountability Act (HIPAA) ,
MIPS ,
ONC ,
Patient Privacy Rights ,
Proposed Rules ,
Public Comment
While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more
Given the pace of change in the automotive space and related technologies, combined with increasing regulatory scrutiny and recent developments in trade and M&A, the global automotive industry can anticipate several risks and...more
1/23/2019
/ Acquisitions ,
Antitrust Violations ,
Automotive Industry ,
Cybersecurity ,
Employer Liability Issues ,
Foreign Corrupt Practices Act (FCPA) ,
Intellectual Property Protection ,
International Labor Laws ,
Manufacturers ,
Mergers ,
NAFTA ,
NHTSA ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Transportation Industry ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
On September 26, 2018, a record settlement was reached between Uber and the attorneys general of all 50 states and the District of Columbia over the company’s 2016 data breach. While this case presents an extreme example of...more
...On June 28, 2018, California passed AB 375, the California Consumer Privacy Act of 2018 (CCPA), which will become effective January 1, 2020. Introduced just a week earlier in an effort to defeat a much stricter...more
7/3/2018
/ Consumer Protection Laws ,
Cybersecurity ,
Data Collection ,
General Data Protection Regulation (GDPR) ,
Governor Brown ,
New Legislation ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Portability ,
Right to Be Forgotten ,
State and Local Government
Foley’s Automotive Industry Team has prepared this report examining what the litigation, enforcement and regulatory landscape is likely to look like in 2018 and beyond. Inside, you will learn about:
Managing warranty,...more
1/23/2018
/ Acquisitions ,
Auto Warranties ,
Automotive Industry ,
Connected Cars ,
Contract Terms ,
Cybersecurity ,
Driverless Cars ,
Emerging Technology Companies ,
Employer Liability Issues ,
Equal Pay ,
Merger Controls ,
Mergers ,
Motor Vehicles ,
NHTSA ,
Sexual Harassment ,
Suppliers