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
The sale of stolen, counterfeit or dangerous consumer products through online marketplaces is receiving attention from legislators. The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act...more
1. Consumer Law Reforms -
2023 will see an increase in class action lawsuits targeting per- and poly-fluoroalkyl substances (PFAS) in consumer products as more PFAS-limiting laws go into effect. Specifically, we expect food...more
4/4/2023
/ Artificial Intelligence ,
Automatic Renewals ,
Cryptoassets ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Influencers ,
Non-Fungible Tokens (NFTs) ,
PFAS ,
Popular ,
Privacy Laws ,
Product Packaging ,
Proposition 65 ,
ROSCA ,
Subscription Services ,
Toxic Chemicals ,
Unfair or Deceptive Trade Practices
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 Media & Entertainment Industry team reviews 10 of the most pressing legal issues for companies in 2023.
1. Sweeping Impact of Generative AI -
The gale wind roaring into...more
2/1/2023
/ Artificial Intelligence ,
Copyright ,
DMCA ,
Enforcement ,
Facial Recognition Technology ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Software ,
TikTok ,
UDRP ,
Virtual Reality ,
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)
The newest old privacy law being weaponized in consumer class actions is the Video Privacy Protection Act (VPPA), a Reagan- era law passed in the wake of Judge Robert Bork’s video rental history being leaked to the...more
Five new state omnibus privacy laws take effect in 2023, with two that already kicked in on January 1.
The California Privacy Rights Act (CPRA) – effective January 1, 2023, enforceable July 1, 2023....more
The Latest Trends and Developments in the Class Actions World -
Labor & Employment-
Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum...more
Colorado Department of Law Issues Draft CPA Revisions -
On December 22, the Colorado Department of Law issued updates to the draft Colorado Privacy Act (CPA) rules. These revisions build on written comments and feedback from...more
1/13/2023
/ Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Colorado ,
COPPA ,
Data Security ,
Employee Definition ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mobile Apps ,
New Guidance ,
Penalties ,
Personal Data ,
Popular ,
Privacy Laws ,
Rulemaking Process ,
Standard Contractual Clauses ,
UK
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
The Federal Trade Commission (FTC) announced on December 14, 2022, that it is seeking public comment on potential updates and changes to its “Green Guides,” kicking off a process that may lead to the first significant changes...more
Pandora’s Virtual Try-On Tool Leads to BIPA Class Complaint -
On November 15, 2022, a group of plaintiffs brought a purported class action against Pandora Jewelry LLC, claiming that its virtual try-on tool violates...more
12/12/2022
/ Biometric Information Privacy Act ,
Breach of Contract ,
Cease and Desist Orders ,
Class Action ,
Computer Fraud and Abuse Act (CFAA) ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
hiQ Labs Inc v LinkedIn Corp ,
LinkedIn ,
NIST ,
Personal Information ,
SCOTUS ,
Social Media ,
Twitter ,
Virtual Reality ,
Web Scraping
Illinois Biometric Information Privacy Act (BIPA) class action lawsuits were heavily litigated again in 2022, as plaintiffs continued to target companies using biometric technology and their vendors. At the same time,...more
12/12/2022
/ Biometric Information Privacy Act ,
Class Action ,
Corporate Counsel ,
Gramm-Leach-Blilely Act ,
IL Supreme Court ,
Illinois ,
Motion to Dismiss ,
Software ,
Statute of Limitations ,
Student Loans ,
Title V ,
Written Notice
On November 3, 2022, two consumers filed a putative class action complaint against a fast fashion company, claiming that the apparel company’s “Conscious Choice” clothing line deceived consumers into buying products labeled...more
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
California Exemptions for B2B and Employee Data Set To Expire -
With August 31 marking the last day of the legislative session, the California legislature’s failure to extend business-to-business and employee data exemptions...more
9/19/2022
/ B2B Organizations ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CARU ,
CIPA ,
Cybersecurity ,
Dress Codes ,
Enforcement ,
Information Commissioner's Office (ICO) ,
New Guidance ,
Personal Data ,
Popular ,
Rulemaking Process ,
U.S. Treasury ,
Wiretapping
According to a recent unpublished Ninth Circuit ruling, failure to obtain consent prior to using recording technologies is not sufficient for purposes of the California Invasion of Privacy Act (CIPA). This ruling is notable...more
FTC Publishes Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security -
Concerned that companies use secret surveillance practices to collect “vast troves” of consumer information, the Federal...more
8/18/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
California Consumer Privacy Act (CCPA) ,
CIPA ,
Data Security ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Privacy Laws ,
Rulemaking Process ,
Sensitive Personal Information ,
UK ,
UK Data Protection Act
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
After leading the nation in banning plastic bags, California recently enacted sweeping legislation that requires a reduction in the amount of plastic produced and used in the state. The law is the first of its kind. ...more
The Federal Trade Commission (FTC) recently announced plans to crack down on the illegal use and sharing of sensitive data in response to the recent Supreme Court decision in Dobbs v. Jackson Women’s Health Organization...more