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To Pay or Not to Pay? Evolving Legal Considerations With Ransomware

1. Overview of the regulatory issues facing companies—and cyber insurers—that may need to respond to ransomware emanating from a threat actor or group with potential ties to entities on federal lists.- The U.S. Treasury...more

Digital Assets in Estate Planning: Cybersecurity Concerns and Considerations

With the rise of the digital world, many estate planning clients have accumulated large collections of “digital assets” that are stored online. In its simplest form, a “digital asset” is a non-physical asset that exists...more

CCPA Regulations Go Into Effect – With a Few Final Changes

On August 14, 2020, the California Office of Administrative Law (“OAL”) approved in part and withdrew in part the Regulations regarding the California Consumer Privacy Act (“CCPA”). While most of the changes are...more

Privacy Shield Invalidated by the European Court of Justice

On July 16, 2020, the European Court of Justice (Court) ruled in the “Schrems II” case that the one of the most commonly used cross border data transfer mechanisms between the European Union (EU) and the United States (US),...more

CPRA Poised to Go On November 2020 Ballot

While businesses are busy finalizing CCPA preparations, a new privacy initiative in California called the California Privacy Rights Act (CPRA) may be headed to the November 2020 ballot....more

Increased Use of Zoom Raises Privacy and Security Concerns

In light of COVID-19, many organizations are taking advantage of free video conferencing capabilities offered by Zoom. Almost overnight, Zoom has become one of the most popular video conferencing services among businesses and...more

EDPB Clarifies Privacy Rules for COVID-19

The successful management of COVID-19 relies on the quick analysis and collection of health data, which can raise privacy issues particularly in the European Union. ...more

California AG Issues Second Set Of Modifications To CCPA Regulations

In the midst of a global pandemic, readers may have overlooked the recent issuance by the California Office of Attorney General (OAG) of a second set of modifications to the California Consumer Privacy Act (CCPA) regulations....more

How to Be Ready for Coronavirus-Related Cybersecurity Challenges

The novel coronavirus outbreak is creating electronic communication and data privacy concerns on a number of fronts. One immediate effect is a significant increase in phishing scams, used by threat actors to launch malware...more

California AG Issues Modified CCPA Regulations

On Friday, February 7, 2020, the California Attorney General’s (AG) Office released modified regulations to the California Consumer Privacy Act (CCPA).  The modified regulations incorporate amendments to the CCPA signed into...more

"Retail Rap" – Analysis of Business and Legal Trends in the Industry: November 2019

Welcome to our latest edition of Retail Rap. From influencer marketing to launching a startup and ensuring digital advertising complies with the latest regulations, retail issues are making news—and presenting legal...more

Analysis: Verifying Consumer Requests Under the CCPA

For businesses, one of the more worrisome scenarios under the CCPA occurs when they mistakenly provide personal information of a consumer to the wrong party in response to a consumer request, whether because of fraud or...more

Analysis: Notice Provisions of CCPA Proposed Regulations

To the surprise of some, the proposed CCPA Regulations issued last Thursday don’t address many of the well-discussed ambiguities under the law (such as what “valuable consideration” means in the context of a sale of personal...more

California AG Releases Proposed CCPA Regulations

The California Attorney General’s Office released its long-awaited proposed CCPA Regulations yesterday.  The proposed Regulations are 24 pages long, and address a number of important technical compliance issues including...more

California Legislature Adopts Five Amendments to CCPA, But Largely Rejects Industry Efforts

On September 13, 2019—the last day of the legislative session—California lawmakers approved five amendments intended to clarify the scope of the California Consumer Privacy Act (the “CCPA”), but rejected several...more

Delaware and New Hampshire Join Growing List of States With New Insurance Data Security Laws

Delaware (July 31, 2019) and New Hampshire (August 2, 2019) have become the latest states to add to the insurance cybersecurity landscape by enacting information security laws.  These laws come on the heels of Connecticut’s...more

Connecticut Becomes Latest State to Enact Insurance Data Security Law

On July 26, 2019, Connecticut Governor Ned Lamont signed into the law the state’s new Insurance Data Security Law, which imposes new information security, risk management, and reporting requirements for carriers, producers,...more

New York State Data Privacy Law Fails

New York’s proposed data privacy law failed to materialize in the latest legislative session and is now presumed dead.  New York was one of a number of states that proposed sweeping privacy legislation after the enactment of...more

8th Circuit Decision in SuperValu Class Action is a Reminder that Injury and Damages Aren’t the Same Thing.

Last Friday we blogged on the Saks data breach class action, and in the process mentioned a trend among federal courts to reject fear of future identity theft claims in retail breach cases.  ...more

Proposed Expansion of CCPA’s Private Right of Action Defeated in State Senate

In April 2019, the California Assembly Privacy and Consumer Protection Committee rejected a proposal known commonly as the “Privacy for All Act” (AB-1760), which among other things would have provided a private right of...more

Proposed Amendments to the California Consumer Privacy Act May Limit Scope of the Act

Following the speedy enactment of the California Consumer Privacy Act (CCPA or Act) in June 2018, business and consumer advocates alike have been pressuring California lawmakers to clarify the many ambiguities raised by the...more

FTC seeks comment on proposed amendments to safeguards and privacy rules

The FTC has proposed amendments to its 2003 Safeguards Rule and 2000 Privacy Rule, applicable to financial institutions under the Gramm Leach Bliley Act (GLBA).  The proposed changes are informed by the FTC’s enforcement...more

Cookie Audit from Bavarian Data Protection Authority May Serve As GDPR Warning

Following numerous privacy complaints, the State Office for Data Protection Supervision (BayLDA) recently conducted a random audit on 40 companies and found widespread problems with their cookie disclosures....more

FTC Seeks Comment on Proposed Amendments to Safeguards and Privacy Rules

The FTC has proposed amendments to its 2003 Safeguards Rule and the 2000 Privacy Rule, applicable to financial institutions under the Gramm Leach Bliley Act (GLBA). ...more

EDPB Draft Guidelines on Extraterritorial Scope of the GDPR Provide Few Clear Answers for US Companies

Since the General Data Protection Regulation (“GDPR”) took effect on May 25, 2018, US companies without facilities or employees in Europe have struggled to understand the extraterritorial scope of the GDPR....more

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