Illinois’ widely-watched application process for handing out 75 adult-use cannabis dispensary licenses has now wound up in federal court, following the September 4, 2020 filing of a lawsuit by several unsuccessful applicants....more
The Massachusetts Cannabis Control Commission has published an ambitious regulatory update of both adult use regulations at 935 CMR 500.000, medical marijuana establishment regulations at 935 CMR 501.000, and co-located...more
On July 16, 2020, the European Court of Justice issued one of its most important decisions on data privacy law (Schrems II), holding that the EU-US Privacy Shield is no longer a viable mechanism for EU-US data transfers under...more
7/17/2020
/ Corporate Counsel ,
Data Privacy ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
European Commission ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
National Security ,
Personal Data ,
Safe Harbors ,
Standard Contractual Clauses
The Boston Cannabis Board on June 24, 2020 held a virtual public meeting addressing the current state of adult use marijuana licensing in the City of Boston. Established by a City Council ordinance in November 2019, the Board...more
Governor Baker on May 4, 2020 issued some important clarifications for retailers regarding the Governor’s prior orders closing non-essential businesses’ brick and mortar premises to customers and most employees. While such...more
The Supreme Court on May 6, 2020 heard oral argument on a widely-watched First Amendment case that may have broad ramifications for the Telephone Consumer Protection Act and, potentially, government restrictions on...more
April 30, 2020 The announcement is not altogether surprising, as Governor Baker has long urged a cautious approach to re-opening and stressed the need for additional testing. At the same time he extended the Order, Governor...more
On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the third and by far the largest stimulus package passed by Congress to respond to the COVID-19 outbreak. As discussed...more
On March 24, 2020, the Massachusetts Department of Public Health (DPH) issued a Public Health Advisory which directs individuals over the aged 70 and those with underlying health conditions to stay at home, and requires all...more
On March 23, 2020, in response to the growing COVID-19 pandemic, Massachusetts Governor Charlie Baker ordered all businesses not providing “COVID-19 Essential Services” to close their physical, brick-and-mortar premises to...more
Editors’ Note: This is the fifth in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed False Claims Act trends in 2020. Up next: a look...more
1/22/2020
/ Climate Change ,
E-Cigarettes ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Exxon Mobil ,
Government Investigations ,
Healthcare Fraud ,
Misrepresentation ,
Oil & Gas ,
Prioritized Examination ,
State Attorneys General
On October 24, 2019, Massachusetts Attorney General Maura Healey filed a 200-page complaint against Exxon in Suffolk Superior Court, alleging violations of G.L. c. 93A, the Massachusetts Consumer Protection Act. The lawsuit...more
1/17/2020
/ Climate Change ,
Consumer Protection Act ,
Exxon Mobil ,
Fossil Fuel ,
Government Investigations ,
Injunctive Relief ,
Material Misrepresentation ,
Misrepresentation ,
Oil & Gas ,
Popular ,
Proxy Statements ,
Securities Violations ,
State Attorneys General ,
Statutory Violations
West Virginia is currently accepting applications for its growing medical cannabis program. West Virginia’s Department of Health and Human Resources has made available applications for dispensaries, growers, and processors on...more
On January 7, 2019, the Illinois Department of Agriculture posted applications for Cannabis Craft Growers, Cannabis Infusers, and Cannabis Transporters. Applications in all three categories are due March 16, 2020....more
Editors’ Note: This is the fourth in our fourth-annual end-of-year series examining important trends in data privacy and cybersecurity in the coming year. Our previous entry discussed the CCPA, energy, and Brexit. Up next:...more
12/19/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Subjects Rights ,
Department of Health and Human Services (HHS) ,
EU ,
General Data Protection Regulation (GDPR) ,
Health Care Providers ,
Health Information Technologies ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Legislative Agendas ,
Member State ,
OCR ,
Patient Privacy Rights ,
Personally Identifiable Information ,
PHI ,
Popular ,
Privacy Laws ,
Regulatory Agenda
On October 1, 2019, China’s new regulation to protect personal data related to children – called the “Measures on Online Protection of Children’s Personal Data” – went into effect.
As we wrote in June, when a draft of the...more
10/3/2019
/ China ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Internet Service Providers (ISPs) ,
New Regulations ,
Online Platforms ,
Online Safety for Children ,
Parental Consent ,
Personal Data ,
Personally Identifiable Information
In early June, the Cyberspace Administration of China released for public comment new draft regulations applicable to the collection of personal information relating to children under 14 by online service providers.
The...more
6/7/2019
/ China ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Use Policies ,
Encryption ,
Internet Service Providers (ISPs) ,
Online Safety for Children ,
Parental Consent ,
Personal Data ,
Personally Identifiable Information ,
Proposed Regulation ,
Security Risk Assessments
On May 9, 2019, a coalition of consumer groups submitted a complaint to the Federal Trade Commission (“FTC”) regarding Amazon’s Echo Dot Kids Edition, arguing that the device runs afoul of the Children’s Online Privacy...more
In 2018, privacy and data security crossed a number of thresholds. In the public mind, through high-profile data breaches and revelations about unexpected uses of personal information, questions of privacy became much more...more
4/26/2019
/ Attorney General ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
COPPA ,
Cryptocurrency ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Energy Sector ,
Enforcement Actions ,
FCC ,
FERC ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Political Advertising ,
Popular ,
Privacy Concerns ,
Securities and Exchange Commission (SEC)
"Open the pod door, HAL"
• Commercial voice-activated intelligent personal assistants from Amazon, Apple, Google, and Microsoft, among others, are growing in popularity.
• A report from NPR and Edison Research states...more
2/28/2019
/ Confidential Communications ,
Connected Items ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Electronic Medical Records ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitals ,
Mobile Apps ,
Oral Communications ,
Patient Privacy Rights ,
Personal Assistants ,
Physicians ,
Privacy Concerns ,
Security Rule ,
Smart Devices ,
Technology Sector ,
Telecommunications
Editors’ Note: This is the second in our third annual end-of-year series examining important trends in data privacy and cybersecurity during the coming year. Our previous entry was on energy and security. Up next: trends in...more
On April 13, 2018, Massachusetts’ highest court ended a significant chapter in Exxon’s long-running dispute with Attorney General Maura Healey. In 2015, Healey issued a Civil Investigative Demand regarding Exxon’s knowledge...more
The FTC’s COPPA Guidance does an admirable job explaining the basics of what a business needs to do to comply with COPPA, but is vague as to how a business must protect personal information collected from children. The COPPA...more
Like many things in Washington, the HIPAA landscape in 2018 will be shaped by the shifting priorities of President Trump’s new administration. Early signs point to less funding for the Office of Civil Rights (“OCR”) within...more
On June 21, 2017, the FTC updated its COPPA Compliance Guidance for businesses. The new guidance includes new descriptions of services and products covered by COPPA, and new methods for obtaining parental consent....more