Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material...more
2/28/2025
/ Artificial Intelligence ,
Class Action ,
Commercial Litigation ,
Competition ,
Data Privacy ,
False Claims Act (FCA) ,
Fiduciary Duty ,
Innovation ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
Non-Compete Agreements ,
Regulatory Reform ,
Risk Management ,
Securities Regulation ,
Technology Sector
As 2025 begins, businesses across the U.S. will be required to navigate an even more expanded landscape of state-level privacy regulations. In all, eight states are introducing comprehensive privacy laws, further adding to...more
1/8/2025
/ Compliance ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Protection ,
Personal Data ,
Privacy Laws ,
Privacy Policy ,
Regulatory Reform ,
Regulatory Requirements ,
State Privacy Laws
Corporations face unprecedented challenges in safeguarding sensitive data and mitigating privacy risks in an era marked by the rapid proliferation of Internet of Things, or IoT, devices....more
9/13/2024
/ Cybersecurity ,
Data Management ,
Data Privacy ,
Data Protection ,
Data Security ,
Data-Sharing ,
Federal Trade Commission (FTC) ,
FTC Act ,
Geolocation ,
Internet of Things ,
Personally Identifiable Information ,
Popular ,
Unfair or Deceptive Trade Practices
On August 2, 2024, Illinois Governor J. B. Pritzker signed legislation reforming Illinois’ Biometric Information Privacy Act (BIPA). Senate Bill 2979 immediately amends BIPA to limit a private entities’ potential liability...more
On July 10th, the European Commission issued its Implementing Decision regarding the adequacy of the EU-UD Data Privacy Framework (“DPF”). The Decision has been eagerly awaited by US and Europe based commerce, hoping it will...more
7/26/2023
/ Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
EU-US Privacy Shield ,
European Commission ,
General Data Protection Regulation (GDPR) ,
Schrems I & Schrems II ,
Standard Contractual Clauses
The California Superior Court in Sacramento decided to give businesses in California an early present for the 4th of July. The regulations promulgated by the California Privacy Protection Agency (“CPPA”) back in March will...more
2023 has brought several states into the privacy limelight. On June 18, Governor Abbott signed the Texas Data Privacy and Security Act (“TDPSA”) into law, making the Lone Star state the eleventh in the U.S. to pass a...more
6/20/2023
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Protection ,
New Legislation ,
Notice Requirements ,
Regulatory Reform ,
State Data Privacy Laws ,
Texas
Seyfarth Synopsis: Tennessee and Montana are now set to be the next two states with “omnibus” privacy legislation. “Omnibus” privacy legislation regulates personal information as a broad category, as opposed to data collected...more
Tennessee and Montana are now set to be the next two states with “omnibus” privacy legislation. “Omnibus” privacy legislation regulates personal information as a broad category, as opposed to data collected by a particular...more
Ransomware attacks have become one of the most common and pervasive cybercrimes perpetrated against U.S. companies. A bad actor, often from overseas, will gain access to upload malware onto a company’s network storage or...more
At the end of May, 2022, the California Privacy Protection Agency (“Agency”) released a preliminary draft of proposed regulations for the California Privacy Rights Act (“CPRA”). The 66-page draft proposal only covers a few...more
The Utah legislature has passed Senate Bill 227, otherwise known as the Utah Consumer Privacy Act (UCPA). Barring a veto from Utah Governor Spencer J. Cox, who, as of March 15, 2022, officially has the bill on his desk for...more
Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call...more
3/15/2022
/ Class Action ,
Commercial Bankruptcy ,
Commercial Court ,
Commercial Litigation ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
FinTech
California has once again decided it needed to pass privacy legislation to protect the residents of the great state from the nefarious actions of Big Tech. However, this time they did it with a ballot initiative and not via...more
Monday, California Attorney General Xavier Becerra submitted of the Final Regulations under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL). ...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 ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
Tuesday, California Attorney General Xavier Becerra announced his submission of the Final Regulations under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL)....more
6/4/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
State and Local Government ,
State Attorneys General
Attorney General Becerra’s office posted the long-awaited draft CCPA regulations a little before 2:00 pm (PST) October 10th. It was a bit of a curve ball, to be perfectly honest (considering the final swath of amendments to...more
10/11/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Proposed Regulation ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
In our May blog post, we took issue with the broadcast statement that ‘consumer privacy law was sweeping the country and that other states were jumping on the California Consumer Privacy Law (CCPA) bandwagon to enact their...more
10/1/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Collection ,
Data Privacy ,
Data Protection ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
Online Platforms ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Posting Requirements ,
Privacy Laws ,
State and Local Government ,
Websites
Those interested in keeping up with the latest news impacting the California Consumer Privacy Act have been heavily focused on AB 25, and its potential to exclude employees from the scope of the CCPA. In a marathon late-night...more
7/19/2019
/ California Consumer Privacy Act (CCPA) ,
Carve Out Provisions ,
Consumer Privacy Rights ,
Corporate Counsel ,
Customer-Loyalty Programs ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Proposed Legislation ,
State and Local Government
Senate Bill 561, which would have generated even greater compliance challenges and litigation risk for businesses, has been held in committee and placed on suspense. This development effectively prevents the bill from...more
5/28/2019
/ California Consumer Privacy Act (CCPA) ,
Cause of Action Accrual ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Amendments ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government
California, home to more than 40 million people and the 5th largest economy in the world, has passed the California Consumer Privacy Act (CCPA), its omnibus consumer privacy law....more
At the end of June, the California legislature passed its Bill 375, the California Consumer Privacy Act of 2018. The Act contains a number of concepts that would be familiar to those who are working to bring their companies...more
7/6/2018
/ Biometric Information ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
General Data Protection Regulation (GDPR) ,
New Legislation ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Private Right of Action ,
State and Local Government