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FTC Commercial Data Surveillance Crack Down: Kochava Gains a Win in Data Privacy Suit

On May 4, 2023, an Idaho federal judge ruled that the Federal Trade Commission (FTC) needs stronger assertions of consumer harm in order for its data privacy suit against data broker/mobile analytics provider Kochava Inc....more

First CCPA Enforcement Action: “There Are No More Excuses” for Companies Who Do Not Comply

On August 24, 2022, California Attorney General Rob Bonta (AG) announced a proposed settlement with beauty retailer Sephora USA, Inc. to resolve claims that Sephora violated the California Consumer Privacy Act (CCPA). Under...more

CPPA Issues Its First Draft of CPRA Regulations

Companies are now on the clock for comments on the new proposed California Privacy Rights Act (CPRA) regulations. On July 8, 2022, the California Privacy Protection Agency (CPPA) filed a Notice of Proposed Action, triggering...more

Connecticut Data Privacy Act—What Businesses Need to Know

The Connecticut Data Privacy Act (CTDPA), which will go into effect July 1, 2023, is now the fifth and latest comprehensive state consumer privacy law, giving companies doing business in the state less than two years to...more

[Podcast] 2021 CCPA Litigation Report – Overview and Findings

In this episode, Natasha Kohne and Michelle Reed, who head Akin Gump’s cybersecurity, privacy and data protection practice, and counsel Lauren York discuss the firm’s new CCPA Litigation Annual Report – 2021 Trends and...more

New York Will Soon Require Employers to Disclose Employee Monitoring

On May 7, 2022, private employers—regardless of annual revenue or headcount—with a place of business in New York will have to provide all newly hired employees with written notice of the employer’s electronic device...more

Utah Consumer Privacy Act: What Businesses Need to Know

With the recent signing of the Utah Consumer Privacy Act (UCPA) by Gov. Spencer J. Cox on March 24, 2022, Utah has become the fourth state to enact a comprehensive law addressing consumer data privacy, joining California,...more

FTC Issues Stern Warning to Companies to Address Known Cybersecurity Vulnerability

The Federal Trade Commission (FTC) issued a surprisingly strong warning to companies that they may face potential regulatory action if they fail to address known vulnerabilities, focusing in particular on the Log4j...more

CPPA Releases Public Comments for CPRA Regulations

Public comments to recently published regulations governing compliance with the California Privacy Rights Act (CPRA) show that stakeholders sharply disagree on multiple areas of the CPRA. Seventy submissions totaling nearly...more

Treasury to Companies: Time to Take Ransomware Reporting Seriously

On September 21, 2021, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) published an updated sanctions advisory, providing guidance to companies on sanctions compliance obligations related to ransomware...more

Connecticut Expands Breach Reporting and Creates Cybersecurity Safe Harbor

On October 1, 2021, two Acts overhauling data privacy and cybersecurity in Connecticut took effect—the latest instance of stronger state breach reporting requirements with a safe harbor protection from litigation for...more

Virginia Consumer Data Protection Act: What Businesses Need to Know

On March 2, 2021, the Governor of Virginia signed the Virginia Consumer Data Protection Act (CDPA) into law, which goes into effect on January 1, 2023. The law applies only to businesses with large amounts of consumer data...more

FDA Appoints Acting Director of Medical Device Security, Signaling Increased Commitment to Medical Device Cybersecurity

The U.S. Food and Drug Administration (FDA) announced that the newly-created post of Acting Director of Medical Device Security has been filled by Kevin Fu, a University of Michigan associate professor and founder of the...more

Washington Passes Landmark Facial Recognition Law Seeking to Pave Way for Similar Laws Throughout the Country

In what is being called a breakthrough in the use of facial recognition technology, the state of Washington enacted a new law establishing parameters for the technology’s use by state and local governments on Tuesday, March...more

Maine Law Will Place Strict Restrictions on Internet Service Providers

Maine’s legislature unanimously passed a new law—“An Act to Protect the Privacy of Online Customer Information” (the “Act”)—that will impose strict data protection restrictions on broadband internet service providers (ISPs)...more

SEC Warns Companies of Potential Internal Accounting Control Violations with Business Email Compromise

• The SEC issued guidance in the form of a rare “21(a) report” this week after investigating a series of email frauds impacting 9 unnamed companies. • These email-based frauds, referred to as “CEO scams” or “vendor scams,”...more

Federal Judge Dismisses Target Directors from Data Breached Related Derivative Suit After Special Litigation Committee Recommends...

The hurdles for claims against directors for failed oversight in connection with data breaches continue to increase. On July 7, 2016, District of Minnesota Judge Paul Magnuson released derivative claims against top Target...more

Fourth Circuit Holds General Liability Covers Defense of Data Breach Class Action

The Fourth Circuit affirmed this week that Travelers Insurance (“Travelers”) must defend Portal, a medical records company, against a class action suit stemming from an alleged cyber “publication” of its customers’ personal...more

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