The Federal Trade Commission recently finalized a long-discussed update to its cybersecurity Safeguards Rule that includes more specific criteria for what financial institutions must implement as part of their information...more
11/22/2021
/ California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Data Breach ,
Data Security ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
Gramm-Leach-Blilely Act ,
New Rules ,
Personal Information ,
Safeguards Rule ,
State Privacy Laws
The US Department of the Treasury’s Office of Foreign Assets Control (OFAC) recently issued an “Updated Advisory on Potential Sanctions Risks for Facilitating Ransomware Payments.” This advisory continues prior advisory...more
10/4/2021
/ Cyber Attacks ,
Cybersecurity ,
FBI ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
International Emergency Economic Powers Act (IEEPA) ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Ransomware ,
Regulatory Oversight ,
Sanctions ,
SDN List
The European Commission has finally approved two decisions on 28 June granting the United Kingdom the cherished status of having “adequate” data protection laws so that transfers of personal data from the European Union are...more
Following the Schrems II decision last year, there have been many questions about the status of international data transfers between the European Union and United States. The European Commission (the Commission) has now...more
The US Supreme Court in Facebook, Inc. v. Duguid unanimously held on April 1 that the Telephone Consumer Protection Act’s definition of an autodialer is limited to systems that have the capacity either to store a telephone...more
Artificial intelligence magnifies the ability to analyze personal information in ways that may intrude on privacy interests. In fact many of the most interesting data sets for AI are those with a great deal of personal...more
Welcome to the second post in our Spotlight series, where we talk with a leader in a particular field or emerging area of interest to technology and sourcing lawyers and professionals. ...more
The California Consumer Privacy Act authorizes only the state attorney general to enforce the statute, but a pending statutory amendment and a recent California Supreme Court ruling could end up expanding enforcement power to...more
7/13/2020
/ Abbott Laboratories ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
The US Supreme Court issued its decision in Barr v. American Association of Political Consultants Inc. on July 6, invalidating the government-debt exception to the Telephone Consumer Protection Act (TCPA) but leaving the rest...more
7/9/2020
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Cell Phones ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Exceptions ,
Federal Bans ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Robocalling ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA
Despite the coronavirus (COVID-19) pandemic, the California attorney general intends to enforce the California Consumer Privacy Act (CCPA) beginning July 1, 2020, pending the anticipated approval from the California Office of...more
6/26/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Information Governance ,
Office of Administrative Law ,
Personal Data ,
Personally Identifiable Information ,
State and Local Government ,
State Attorneys General
With the July 1 enforcement of the California Consumer Privacy Act (CCPA) less than a month away, the state attorney general has finally submitted the final text of the proposed CCPA regulations to the California Office of...more
6/4/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Office of Administrative Law ,
Personal Data ,
Personally Identifiable Information ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
With the July 1 enforcement of the California Consumer Privacy Act (CCPA) less than a month away, the state attorney general has finally submitted the final text of the proposed CCPA regulations to the California Office of...more
6/4/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
Risk Management ,
Rulemaking Process ,
State and Local Government
Since the global coronavirus (COVID-19) pandemic began, attempted cyberattacks have increased dramatically. It is no longer a question of whether bad actors will target a company; it’s a question of when a cyberattack will...more
As businesses across America begin to reopen in the wake of the coronavirus (COVID-19) pandemic, many will likely implement new social distancing and sanitization procedures. That got us thinking about how companies may...more
As local and national governments begin easing pandemic-related restrictions on in-person activities, businesses must weigh how best to proceed with reopening, including restarting or expanding operations, reintegrating...more
Class action lawsuits seeking tuition refunds are being filed nationwide against colleges and universities, which are already dealing with revenue loss from closing down their campuses during the coronavirus (COVID-19)...more
Dear Retail Clients and Friends, This edition of Morgan Lewis Retail Did You Know? examines how the Coronavirus Aid, Relief, and Economic Security (CARES) Act impacts companies in the retail and hospitality sector...more
The US Supreme Court’s recent decision in Lamps Plus means that parties with arbitration agreements governed by the Federal Arbitration Act may now compel arbitration without worrying that the court will order class...more
5/1/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Corporate Counsel ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
Recent legislative developments in both the US House of Representatives and the US Senate indicate that further regulation of robocalls may be on the horizon. On March 7, the House introduced HR 1602, the House version of the...more
Dear Retail Clients and Friends:
The California Supreme Court recently ruled that consumers cannot file suit to force a retailer to seek a refund of sales taxes from the California tax agency absent a determination by the...more
In a significant ruling for businesses operating in Illinois, the Illinois Supreme Court held that plaintiffs are not required to allege actual harm to sue for liquidated damages and/or injunctive relief under the state’s...more
Colorado Governor John Hickenlooper recently signed into law House Bill 1128, which will take effect on September 1, 2018. The new law requires businesses owning, maintaining, or licensing personal information of Colorado...more
In a much-anticipated decision, the US Court of Appeals for the DC Circuit has ruled on the Federal Communication Commission’s 2015 Declaratory Order on the Telephone Consumer Protection Act, focusing on autodialing...more
Although often ignored or left to the accounting department, the failure to comply with state unclaimed property laws can result in significant liability for your organization....more
A new FTC policy eliminates the requirement to obtain parental consent to collect a recording of a child’s voice in certain circumstances....more