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Mandatory Contractual Provisions Aren’t Just for Business Associate Agreements—New State Privacy Laws May Necessitate a Closer...

Although all fifty states now have data breach notification statutes on the books, a smaller but growing number of states have adopted substantive data privacy laws.  The recently passed California Privacy Rights Act (CPRA)...more

When Does Web Scraping Become Trade Secret Misappropriation? The Eleventh Circuit Weighs In

In Compulife Software Inc. v. Newman, No. 18-12004, 2020 WL 2549505 (11th Cir. May 20, 2020), the Eleventh Circuit vacated a trial court ruling that competitors who used a website operator’s server and database did not...more

CCPA Arrives With The New Year: Minimal Tips For Compliance

The holidays are over. 2020 is upon us. And for American businesses with any connection to California, this means one thing: the California Consumer Privacy Act (CCPA), America’s version of GDPR is here. It is a phased...more

Data Not Dating: Trump Administration Reversal of Merger Signals National Security Implications of Data

Amidst the thicket of federal regulators that populate Washington is the obscure Committee on Foreign Investment in the United States (CFIUS). Founded on the eve of World War II, CFIUS is an inter-agency task force. Its...more

"They Can't Do That To Our Pledges; Only We Can Do That To Our Pledges”: Admiral, Big Data, Privacy, and The Internet of Things

Anyone who has ever bought insurance, resented the premium, contested a claim denial, or piled up hours and papers dealing with insurers would welcome anything that promised to lower their rates. Admiral, a British insurer...more

The States Also Rise: Recent Settlements Illustrate Potential Pitfalls Regarding Children’s Privacy Laws

Earlier this summer, we highlighted a settlement where the FTC proposed its largest fine to date under the Children’s Online Privacy Protection Act (COPPA) against software maker InMobi. The InMobi settlement attracted...more

The FTC Has Not Yet Begun To Fine - InMobi’s Million Dollar Settlement and Online Analytics in an Age of COPPA

In June 2016, India-based online advertising behemoth InMobi Ltd. agreed to pay a $ 950,000 fine to resolve Federal Trade Commission (FTC) allegations that its data collection practices violated the Children’s Online Privacy...more

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