We would not blame companies for feeling fatigued after the race to comply with the amended California Consumer Privacy Act (CCPA), the soon-to-be finalized CCPA regulations and the new Virginia Consumer Data Protection Act...more
On January 1, 2023, the substantive provisions of the California Privacy Rights Act (CPRA) took effect, significantly amending the California Consumer Privacy Act (CCPA) and marking another milestone in the development of US...more
On December 21, 2022, the Colorado Attorney General (AG) released its newest set of draft regulations to the Colorado Privacy Act (CPA), which will take effect in July 2023. This latest draft includes updates to the proposed...more
The Plaintiffs’ Bar is well-known for pushing the boundaries of existing (and sometimes very old) laws with new and novel privacy claims. The most recent targets of this trend are (1) the Video Privacy Protection Act (VPPA),...more
Since Schrems II invalidated the US/EU Privacy Shield, the flow of personal data from the European Union to the United States has been subject to intense regulatory scrutiny. Companies transferring personal data to the United...more
On September 30, 2022, the Colorado Attorney General’s Office (the AG’s Office) released draft regulations to the Colorado Privacy Act (the CPA). Before these proposed regulations take effect, however, there will be a lengthy...more
10/4/2022
/ Appeals ,
Automation Systems ,
Biometric Information ,
California Consumer Privacy Act (CCPA) ,
Colorado ,
Consent ,
Corporate Counsel ,
Customer-Loyalty Programs ,
Data Protection ,
Data Rights ,
Disclosure Requirements ,
Opt-Outs ,
Privacy Acts ,
Privacy Policy ,
Proposed Regulation ,
Public Comment ,
State Attorneys General
On August 29, 2022, the Federal Trade Commission (FTC) filed a lawsuit against Kochava, Inc. alleging that Kochava engaged in unfair and deceptive practices by selling the “precise location information” of consumers. This...more
2022 has been a busy legislative year for privacy. Dozens of states considered consumer privacy bills, two states enacted privacy consumer bills and California released proposed California Consumer Privacy Act (CCPA)...more
8/30/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Continuing Legal Education ,
COPPA ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
New Legislation ,
Privacy Laws ,
Proposed Legislation ,
Proposed Regulation ,
Proposed Rules ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Webinars
On August 24, 2022, the California Attorney General (AG) announced a first-of-its-kind settlement with Sephora, Inc. (Sephora) over Sephora’s alleged violation of the California Consumer Privacy Act (CCPA). The settlement...more
On July 8, 2022, the California Privacy Protection Agency (CPPA) issued updated draft regulations implementing the California Privacy Rights Act (CPRA) as well as a notice of proposed rulemaking, which announced public...more
7/11/2022
/ Business Entities ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Comment Period ,
Compliance Costs ,
Corporate Counsel ,
Economic Impact Analysis ,
Notice of Proposed Rulemaking (NOPR) ,
Privacy Laws ,
Proposed Regulation ,
Public Hearing ,
State Privacy Laws
With time running out in this US Congress, and with midterms around the corner, a bipartisan group of legislators is making what may be a last-gasp attempt at a federal privacy law compromise. On June 3, 2022, House Energy...more
On May 27, 2022, the California Privacy Protection Agency (CPPA) released draft regulations (though still not yet part of a formal rulemaking process) that include what would be seismic changes to California Privacy Rights...more
6/2/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personally Identifiable Information ,
Proposed Rules ,
State Privacy Laws
On April 28, 2022, the Connecticut House of Representatives joined the Connecticut Senate in passing the Connecticut Data Privacy Act (CTDPA), which now heads to Governor Ned Lamont for signature. Governor Lamont is expected...more
When the Biometric Information Privacy Act (BIPA) was enacted in 2008, the Illinois legislature sought to give consumers control of their own biometric data while still allowing room for the development and evolution of...more
On March 3, 2022, the Utah House of Representatives unanimously passed a consumer privacy bill which the Utah Senate passed earlier this year. The bill, entitled the Utah Consumer Privacy Act, still has several hurdles to...more
A good 30(b)(6) can have a dramatic effect on a variety of litigation issues, from privilege issues to dispositive ones. Finding the “right” witness (or group of witnesses) who have the knowledge and skillset to be a good...more
California, Virginia and Colorado have new privacy laws coming into effect in 2023. But now is the time to start preparing your business or organization for compliance.
In this first video of our series, Partner David...more
Privacy Litigation Webinar Series Part 1 -
Our Global Privacy & Cybersecurity team will be hosting a monthly webinar series on key issues and developments in privacy litigation.
Confidentiality is a fundamental...more
1/12/2022
/ Attorney-Client Privilege ,
Best Practices ,
Confidential Information ,
Continuing Legal Education ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Evidence ,
Privacy Laws ,
Privileged Communication ,
Webinars
CROSS-PRACTICE TEAM RECOVERS $6 MILLION FROM BITCOIN THIEF IN SHORT ORDER -
The Challenge:
In the emerging cryptocurrency space, most investors store their assets in digital wallets, where—unlike traditional bank...more
12/16/2021
/ Bitcoin ,
Chapter 11 ,
Clean Energy ,
Competition ,
Corporate Crimes ,
Cryptocurrency ,
Cybersecurity ,
Department of Justice (DOJ) ,
EU ,
Green New Deal ,
Investors ,
NIST ,
Ransomware ,
Renewable Energy ,
Taxation ,
Trading Platforms ,
White Collar Crimes
On December 10, 2021, multiple media outlets, the Cybersecurity and Infrastructure Security Administration (CISA), and the director of cybersecurity at the National Security Agency (NSA) began alerting to a significant...more
12/13/2021
/ Corporate Counsel ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Data Protection ,
Data Security ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
National Security ,
National Security Agency (NSA) ,
Popular ,
Software
Ransomware! Phishing! Zero Trust! Endpoint detection! The buzzwords and fearmongering fly when it comes to cybersecurity, but there are practical business considerations that have to be accounted for when developing a...more
Since California enacted the California Consumer Privacy Act (CCPA) there’s been a new version of keeping up with the Joneses – and it’s happening in state capitals across the United States. As the federal government takes a...more
10/13/2021
/ California Privacy Rights Act (CPRA) ,
CDPA ,
Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
New Legislation ,
Pending Legislation ,
Privacy Laws ,
Proposed Legislation ,
State Privacy Laws ,
Webinars
The Information Technology Laboratory (ITL) at the National Institute of Standards and Technology (NIST) recently issued a Ransomware Profile identifying steps organizations can take to prevent, respond to and recover from...more
9/24/2021
/ Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Loss Prevention ,
Data Privacy ,
Data Protection ,
Data Security ,
NIST ,
Popular ,
Ransomware ,
Risk Management
On September 17, 2021, a panel of the Illinois Appellate Court for the First District issued a significant decision on the question of which statute of limitations apply to claims under the Illinois Biometric Information...more
9/22/2021
/ Appeals ,
Appellate Briefs ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Data Security ,
Illinois ,
Informed Consent ,
Rules of Civil Procedure ,
Statute of Limitations
On July 7, 2021, Colorado Governor Jared Polis signed the Colorado Privacy Act (CPA) into law, the latest in the recent wave of state privacy legislation but unlikely to be the last. The CPA will take effect July 1, 2023, six...more