In a putative class action filed on June 28, 2023, in the Northern District of California, and in other similar cases, plaintiffs allege that OpenAI, Microsoft, and their respective affiliates violated the privacy rights of...more
7/18/2023
/ Artificial Intelligence ,
Business Model ,
Computer Fraud and Abuse Act (CFAA) ,
Copyright Infringement ,
Data Privacy ,
EU ,
General Data Protection Regulation (GDPR) ,
Getty Images ,
Intellectual Property Protection ,
Machine Learning ,
Open Source Software ,
Privacy Laws ,
Putative Class Actions ,
Software ,
User-Generated Content ,
Web Scraping
As more states adopt consumer data privacy laws, Nevada and Washington stand out for their recent passage of legislation aimed specifically at protecting “consumer health data.” Both states’ laws are notably broad in their...more
GoodRx Faces Million Dollar Proposed Penalty from FTC in First Enforcement Action Under the Health Breach Notification Rule -
Settlement reveals views on application of unfairness authority to sharing of sensitive...more
3/2/2023
/ Artificial Intelligence ,
Biometric Information Privacy Act ,
Breach Notification Rule ,
California Privacy Rights Act (CPRA) ,
Class Action ,
Data Privacy ,
Data Security ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
NIST ,
PHI ,
Risk Management ,
Rulemaking Process ,
Settlement ,
VPPA
With the start of the new year, the ArentFox Schiff Metaverse Industry team reviews 10 of the most pressing legal issues for companies in 2023....more
1/31/2023
/ Blockchain ,
CFTC ,
Class Action ,
Compliance ,
Customer-Loyalty Programs ,
Data Privacy ,
Decentralized Autonomous Organization (DAO) ,
Digital Assets ,
DMCA ,
Enforcement ,
Federal Trade Commission (FTC) ,
ICANN ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Professional Development ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC)
With the start of the new year, the ArentFox Schiff Hospitality Industry team reviews 10 of the most pressing legal issues for hospitality companies in 2023.
1. Potential Down Market Pressures. Interest rate increases are...more
1/5/2023
/ Artificial Intelligence ,
Brand ,
Compliance ,
Coronavirus/COVID-19 ,
Data Privacy ,
Environmental Social & Governance (ESG) ,
Franchise Agreements ,
FTC Act ,
Greenwashing ,
Hospitality Industry ,
Intellectual Property Protection ,
Interest Rate Adjustments ,
Investment ,
Labor Shortage ,
LEED Certified ,
Metaverse ,
NASAA ,
NLRB
FTC Is Tracking Twitter Developments With “Deep Concern” -
Elon Musk’s recent purchase of Twitter has led to numerous resignations in the security department. Most recently, Twitter’s chief information security officer,...more
11/15/2022
/ Biometric Information Privacy Act ,
California Privacy Rights Act (CPRA) ,
Consent Order ,
Cybersecurity ,
Data Privacy ,
Data Retention ,
EU ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
NYDFS ,
Personal Information ,
Risk Assessment ,
Twitter
California Privacy Protection Agency Releases Revised Regulations -
With the effective date less than three months away, and ahead of a Board Meeting on October 28 and 29, the California Privacy Protection Agency released...more
10/24/2022
/ Biometric Information Privacy Act ,
California ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Protection ,
EU ,
European Commission ,
Executive Orders ,
General Data Protection Regulation (GDPR) ,
Interactive Advertising Bureau ,
Internet of Things ,
Joe Biden ,
National Security ,
NIST ,
Online Safety for Children ,
PIPEDA ,
Popular ,
Privacy Framework ,
Privacy Laws ,
Ransomware ,
Schrems I & Schrems II ,
Sensitive Personal Information
Between consumer demand for more transparency and anticipated 2023 privacy laws, companies may be vulnerable to class action lawsuits. Anthony V. Lupo invites Privacy, Cybersecurity, and Data Protection Partner Eva J. Pulliam...more
10/5/2022
/ Adtech ,
Bots ,
Class Action ,
Consumer Privacy Rights ,
Cookies ,
Data Privacy ,
Fashion Industry ,
Internet Retailers ,
Metaverse ,
Online Advertisements ,
Privacy Laws ,
Privacy Policy
Five new state omnibus privacy laws have been passed and will go into effect in 2023. Organizations should review their privacy practices and prepare for compliance with these new privacy laws....more
As more states enact their own privacy laws, members of the privacy community and those impacted by privacy legislation continue to push for uniformity. The American Data Privacy and Protection Act (ADPPA) addresses this...more
7/6/2022
/ Biometric Information Privacy Act ,
Breach Notification Rule ,
California Consumer Privacy Act (CCPA) ,
Chief Privacy Officer ,
Communications Act of 1934 ,
Consumer Privacy Rights ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Data Privacy ,
Federal Trade Commission (FTC) ,
Online Safety for Children
Connecticut Passes the Fifth US State Consumer Privacy Law -
The Connecticut governor has formally signed and passed An Act Concerning Personal Data Privacy and Online Monitoring (CPDA), making this law the fifth US state...more
5/19/2022
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Blockchain ,
Brazil ,
CDPA ,
CNIL ,
Computer Fraud and Abuse Act (CFAA) ,
Cookies ,
Cyber Attacks ,
Cybersecurity ,
Data Privacy ,
Data Processing Rules ,
Data Protection ,
Denmark ,
Department of Justice (DOJ) ,
European Parliament ,
France ,
General Data Protection Regulation (GDPR) ,
New Legislation ,
NIST ,
PHMSA ,
Proposed Amendments ,
Risk Mitigation ,
SCOTUS ,
Supply Chain ,
Virginia
FTC Warns Companies to Remediate Log4j Security Vulnerability -
Log4j is a ubiquitous piece of software used to record activities in a wide range of systems found in consumer-facing products and services. Recently, a...more
1/19/2022
/ Apple ,
Audits ,
CNIL ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Department of Defense (DOD) ,
European Data Protection Board (EDPB) ,
Federal Trade Commission (FTC) ,
GAO ,
General Data Protection Regulation (GDPR) ,
Opt-Outs
Best Practices for the Virginia Consumer Data Protection Act -
The Virginia Consumer Data Protection Act (VCDA) Working Group of the Joint Commission on Technology and Science released its final report on best practices...more
12/10/2021
/ CDPA ,
CNIL ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Privacy Rights ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Security ,
Employee Monitoring ,
Enforcement Actions ,
ENISA ,
European Data Protection Board (EDPB) ,
European Economic Area (EEA) ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Privacy Laws ,
Ransomware ,
UNESCO ,
Virginia
FCC Seeks Public Comment on the Current and Future Regulation of the “Internet of Things” -
The FCC is requesting public comment in a proceeding that will help determine the scope and nature of regulation of the “Internet of...more
10/13/2021
/ Artificial Intelligence ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection Impact Assessments (DPIAs) ,
Enforcement Actions ,
FCC ,
General Data Protection Regulation (GDPR) ,
Hacking Back ,
Internet of Things ,
Malware ,
Mobile Apps ,
NIST ,
Notice of Proposed Rulemaking (NOPR) ,
Opt-Outs ,
Popular ,
Public Comment ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Settlement ,
Software
Second Circuit Denies Settlement of Data Breach Case Due to Lack of Standing -
As we previously reported, in April 2021, the Second Circuit became the latest federal circuit to hold that an individual may establish Article...more
9/23/2021
/ Arbitration ,
Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
California ,
Class Action ,
Data Breach ,
Data Privacy ,
Data Protection ,
Declaratory Judgments ,
Health Care Providers ,
IL Supreme Court ,
Negligence ,
Pipelines ,
Putative Class Actions ,
Ransomware ,
Settlement ,
Standing ,
Unfair Competition ,
Unfair Competition Law (UCL) ,
Virtual Private Networks
US Department of Homeland Security Publishes Strategic Plan on Artificial Intelligence -
The Dep’t of Homeland (DHS) Security Science and Technology Directorate recently published its Artificial Intelligence & Machine...more
8/18/2021
/ Analytics ,
Artificial Intelligence ,
Biometric Information ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
General Data Protection Regulation (GDPR) ,
Machine Learning ,
Popular ,
Risk Mitigation ,
Wiretapping
Colorado passes its own omnibus state privacy law. Although there are overlaps with the California and Virginia privacy laws, the Colorado Privacy Act has its own distinctions and variations, namely a longer cure period and...more
6/18/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CDPA ,
Colorado ,
Consent ,
Corporate Counsel ,
Data Controller ,
Data Privacy ,
Data Profiling ,
Opt-Outs ,
Personal Data ,
Privacy Laws ,
Targeted Digital Advertising
Crippling data breaches and sophisticated ransomware attacks are increasingly common threats to modern businesses. Ransomware attacks can not only target confidential company data and data collected from customers but...more
6/14/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CDPA ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Hackers ,
Malware ,
Ransomware
The Federal Trade Commission (FTC) continues to put emphasis on the importance of corporate board involvement in privacy and data security.
Corporate Boards: Don’t Underestimate Your Role in Data Security Oversight -
The...more
5/20/2021
/ Apple ,
Article III ,
Artificial Intelligence ,
Board of Directors ,
Data Privacy ,
Data Protection ,
Data Security ,
Disclosure Requirements ,
Electronic Protected Health Information (ePHI) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Google ,
Identity Theft ,
Latin America ,
Mobile Apps ,
New Rules ,
ONC ,
Personal Data ,
Popular ,
SCOTUS ,
Standing
2021 is off to a strong start in privacy legislation with Virginia passing the second state comprehensive consumer privacy law in the US.
Who Is Covered? -
The Virginia Consumer Data Protection Act (CDPA) applies to...more
3/8/2021
/ Consent Agreements ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Gramm-Leach-Blilely Act ,
Personal Data ,
Privacy Laws ,
Targeted Digital Advertising ,
Virginia
Tides of change in the digital advertising and regulatory landscape over the last few years have recently ushered in an increasingly likely future without third-party cookies.
Background – An Abbreviated History of Recent...more
The CPRA, also referred to as CCPA 2.0, is a more robust version of the CCPA. The original drafter of the CCPA put CPRA on the ballot to amend and bolster key provisions in the CCPA....more
The California Consumer Privacy Act (CCPA) is the landmark privacy law in the US that formally went into effect this year and provides California residents with various rights regarding the collection, use, and sharing of...more
The California Consumer Privacy Act (CCPA) went into effect January 1, 2020 and Attorney General enforcement began July 1, 2020.
Among the various changes the new law has required for covered entities, one that has...more
The California Privacy Rights and Enforcement Act (CPRA) has qualified for the November 3, 2020 ballot, according to a recent update by the California Secretary of State’s office.
Key Details -
CPRA qualifies for the...more