California lawmakers wrapped up this year’s legislative session, passing roughly 900 bills this year. Among those were only a few privacy initiatives, which we outline below. ...more
In a first-of-its kind enforcement action, the SEC fined an alternative data provider for the mobile app industry and its former CEO for misrepresentations and misuse of confidential data. Together, they will pay over $10...more
Another district court just ordered the defendant in a data breach class action to turn over the forensic report it believed was entirely protected from disclosure by the attorney-client privilege and work product doctrine....more
8/2/2021
/ Attorney-Client Privilege ,
Capital One ,
Class Action ,
Compliance ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Disclosure ,
Forensic Examination ,
Motion to Compel ,
Work-Product Doctrine
To note the one year anniversary of the California Consumer Privacy Act (CCPA) enforcement date, California Attorney General Rob Banta held a press conference on July 19, 2021 to share key information about enforcement...more
On Friday, a sharply divided U.S. Supreme Court issued a ruling, which significantly impacts the plaintiffs’ ability to pursue privacy and data breach class actions in federal courts. In TransUnion LLC v. Ramirez, Case No....more
6/29/2021
/ Article III ,
Class Action ,
Class Members ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
Although the California Consumer Protection Act (“CCPA”) went into effect on January 1, 2020 and over 100 class actions referencing the CCPA have been filed to date, very few class actions have actually made their way to...more
Earlier this week, the California Department of Justice unexpectedly released a third set of proposed modifications to the CCPA regulations. This move took place only two months after the California Attorney General’s Office...more
10/14/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Information Governance ,
Office of Administrative Law ,
Opt-Outs ,
Personal Information ,
Privacy Policy ,
State Attorneys General
2020 “back to school” has a whole new meaning in the age of COVID-19. Now, it is finally time for companies to take compliance with the California Consumer Privacy Act (“CCPA”) off the back burner and implement policies and...more
Last week, the plaintiffs in three related children’s privacy class actions sought preliminary approval of proposed settlements with sixteen defendants in those coordinated actions. The matters—known as the Kiloo Action, the...more
9/2/2020
/ Class Certification ,
Class Members ,
COPPA ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Declaratory Relief ,
Disney ,
Federal Rules of Civil Procedure ,
Injunctive Relief ,
Mobile Apps ,
Online Safety for Children ,
Personal Data ,
Right to Privacy ,
Settlement ,
Settlement Negotiations ,
Website Owner Liability
Online stationery and craft company Minted Inc. has been hit with a CCPA class action lawsuit, stemming from a massive data breach the company disclosed in late May. The proposed class action lawsuit, filed in a California...more
6/17/2020
/ Breach of Implied Contract ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Hackers ,
Putative Class Actions ,
State Attorneys General ,
Unfair Competition Law (UCL)
In an unprecedented ruling, one federal court recently held that the work product doctrine does not protect the expert cybersecurity report prepared after a data breach. The court ordered the release of the unredacted...more
The companies Salesforce.com, Inc. and Hanna Andersson, LLC are on the receiving end of a novel lawsuit, which appears to be the very first data breach class action ever filed with alleged violations of the California...more
2/6/2020
/ Business & Professions Code ,
California Consumer Privacy Act (CCPA) ,
Cause of Action Accrual ,
Corporate Counsel ,
Data Breach ,
Hackers ,
Injury-in-Fact ,
Negligence ,
Personal Information ,
Privacy Concerns ,
Private Right of Action ,
Spokeo v Robins ,
Statutory Damages ,
Unfair Competition Law (UCL) ,
Web Scraping
The California Attorney General’s office (CA AG) has published the long-awaited implementing regulations to the California Consumer Privacy Act (CCPA). In addition to the regulations, the CA AG also released a Notice of...more
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA)....more
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines an FCC rulemaking proceeding concerning...more
On Friday, the heads of the Federal Trade Commission overruled the decision of the Administrative Law Judge (“ALJ”) in In the Matter of LabMd., Inc. The FTC concluded that the ALJ had erred in dismissing the Commission’s case...more
8/1/2016
/ Actual Injuries ,
Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
LabMD ,
Risk Assessment ,
Section 5 ,
Unfair or Deceptive Trade Practices