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FTC’s Non-Compete Ban Blocked

Bottom line: As of Tuesday night, the FTC’s non-compete rule has been set aside, cannot be enforced, and will not become effective on September 4, 2024. As an update to our prior alert regarding the Federal Trade...more

Employers in Limbo After Ruling on FTC’s Non-Compete Ban

Recent headlines implying a general a stay of the Federal Trade Commission’s non-compete rule are misleading. Here’s what employers need to know.  On April 23, 2024, the Federal Trade Commission approved a rule banning...more

Recent AI Laws and Regulation Updates

The legal landscape surrounding the creation, use and governance of artificial intelligence (AI) is rapidly changing and growing, imposing significant obligations on business and new rights for individuals. In recent months,...more

Nebraska and Kentucky Pass Comprehensive Privacy Laws

So far 2024 has seen a flurry of new and proposed state comprehensive privacy legislation. Nebraska and Kentucky are the two latest states to jump on the bandwagon. Both follow the now familiar framework established by the...more

The FTC Votes to Ban Non-Compete Agreements

The Federal Trade Commission voted 3-2 today to approve a final rule banning non-compete agreements nationwide. The rule is slated to go into effect 120 days after its published in the Federal Register....more

Florida’s Take on Comprehensive Consumer Privacy Law

Last week the Florida Senate passed its version of a comprehensive privacy law (SB 262), entitled the Florida Digital Bill of Rights. If signed by Governor DeSantis, the Digital Bill of Rights will require large companies...more

Iowa Enacts Consumer Privacy Law

Iowa has become the latest state to enact a consumer privacy law, joining California, Colorado, Connecticut, Utah, and Virginia. On March 28, Governor Kim Reynolds signed into law Senate File 262, which effective January 1,...more

Maryland Amendments to Data Security and Breach Notification Law

On May 29, 2022, Maryland amended the Maryland Personal Information Protection Act (PIPA). Effective October 1, 2022, the amendment (https://mgaleg.maryland.gov/2022RS/chapters_noln/Ch_502_hb0962E.pdf ) revises provisions...more

The Devil Really is in the Details: The SEC Proposed Rule on Cybersecurity Risk Management for Investment Advisors, Registered...

Late last month the Securities and Exchange Commission (“SEC”) charged JP Morgan, UBS and Trade Station with violations of Regulation S-ID based on a range of  inadequacies in their identity theft red flag policies and...more

Artificial Intelligence Tools in Employment: The EEOC is Watching Too

The U.S. Equal Employment Opportunity Commission (“EEOC”) is tasked with administrative enforcement of a variety of employment discrimination laws, including the Americans with Disabilities Act as amended (the “ADAAA”). The...more

Connecticut Joins the State Comprehensive Data Privacy Law Bandwagon

Remember when we used to describe U.S. privacy regulation to our European colleagues as “sectoral” and thus limited to specific industries or circumstances—banking, healthcare, certain employment issues, identity theft, etc.?...more

Indiana Revised Data Breach Notification Statute

Effective July 1, 2022, owners of personally identifiable information on residents of Indiana must provide notice of a data breach no later than 45 days after discovering of the breach. Currently, Indiana’s data breach law...more

EEOC Updated Vaccination Guidance - May 28th

The U.S. Equal Employment Opportunity Commission (EEOC) on May 28, 2021 issued updated guidance on vaccinations. The relevant excerpts are attached and the full EEOC guidance is here...more

USDOL Offers Guidance on Data Security for Plan Fiduciaries and Service Providers

The Employee Benefits Security Administration of the United States Department of Labor (“EBSA”) recently published guidance regarding cybersecurity best practices for recordkeepers and service providers responsible for plan...more

Virginia Passes Comprehensive Data Privacy Law

With incredible speed, Virginia became the second state in the United States with a comprehensive data privacy law. Virginia’s law is called the Consumer Data Protection Act (CDPA). The CDPA is effective January 1, 2023,...more

Schrems II Opinion Casts Doubt on EU-US Data Protection Rules

Facebook is at the center of the “Schrems” case, which exposed contradictions between U.S. and EU data privacy rules and toppled the U.S./EU Safe Harbor (Schrems I). In Schrems II, Austrian Max Schrems challenges the adequacy...more

California Consumer Privacy Act Update: AB25 and AB1355 Approved by California Governor

Earlier we posted an article regarding the amendments to the California Consumer Privacy Act by AB 25 and AB1355 creating a moratorium on the application of much of the CCPA to employee personal information—subject to...more

California Consumer Privacy Act Update: California Legislature Provides Relief for Businesses Processing Employee Data

The California Consumer Privacy Act (CCPA) imposes significant protections for California residents covered by the law, and significant burdens for companies required to comply with it. One area of concern is whether the CCPA...more

North Carolina Amendments to Data Breach Law Finally Introduced

On April 16, 2019, Representatives Saine, Jones and Reives introduced House Bill 904, the long anticipated amendments to the North Carolina Identity Theft Protection Act, N.C. Gen. Stat. § 75-61 et seq.. We first wrote about...more

Washington State Legislature Moves Toward Passage of Broad Consumer Data Privacy Law

Following in the footsteps of California, and the European Union’s General Data Protection Regulation, the State of Washington is taking steps to adopt a comprehensive privacy law focused on protecting consumer information....more

Two Proposed Data Security Laws Reflect National Trend Toward Affirmative Responsibilities

With major consumer data breaches making headlines on a semi-regular basis, legislators around the country are starting to hold businesses more accountable for cybersecurity compliance. Industry-specific laws such as HIPAA...more

New Mexico Becomes 48th State to Enact Data Breach Statute

Recently the state of New Mexico enacted the Data Breach Notification Act, making it the 48th state in the United States to enact a statute requiring notice to individuals impacted by a data breach. In doing so, New Mexico...more

Beck v. McDonald – 4th Circuit Weighs In on Standing in Data Breach Case

We don’t see a lot of data breach litigation here in the Fourth Circuit. So it is notable that the Fourth Circuit Court of Appeals issued an opinion yesterday that weighs in on the standing debate (For more on the debate:...more

Constitutional Standing Provides Fertile Battleground In Data Breach Litigation

A common and understandable concern of companies that suffer a data breach is whether the victims can sue the company. It is tempting to assume that the victims won’t sue if they do not suffer identity theft or monetary loss...more

FTC Data Security Standards: Final Order in the ASUSTeK Case; No Mercy for LabMD

The Federal Trade Commission, continuing its quest to be the enforcer of consumer privacy rights, has come down hard this month on ASUSTeK and LabMD for their failure to have adequate data security standards. Because the FTC...more

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