As companies increasingly integrate AI into their products, services, processes, and decision-making, they need to do so in ways that comply with the different laws that have been passed and proposed to regulate the use of AI...more
9/14/2023
/ Algorithms ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Innovative Technology ,
Joint Statements ,
Machine Learning ,
New Legislation ,
Predictive Analytics ,
Proposed Legislation ,
Proposed Rules ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
State and Local Government ,
State Privacy Laws
As with a growing number of states, Connecticut passed a comprehensive consumer privacy law, the Connecticut Data Privacy Act (the “CTDPA”), on May 10, 2022. The CTDPA becomes effective on July 1, 2023 and, in spite of the...more
7/3/2023
/ Amended Legislation ,
Consent ,
Consumer Privacy Rights ,
COPPA ,
Data Controller ,
Data Deletion ,
Data Processors ,
Data Selling ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Minors ,
PHI ,
Sensitive Personal Information ,
State Privacy Laws
The American Data Privacy and Protection Act (“ADPPA”) has been working its way through Congress with notable bipartisan support. After a July 20th markup session in the House Committee on Energy & Commerce amending the bill,...more
In the last year, we continued to see a shift in the privacy landscape of the United States, including the passage of comprehensive privacy legislation in both Virginia and Colorado, while other states still have bills under...more
In the last year, we continued to see a shift in the privacy landscape of the United States, including the passage of comprehensive privacy legislation in both Virginia and Colorado, while other states still have bills under...more
1/21/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
COPPA ,
Covered Entities ,
Data Collection ,
FERPA ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
International Data Transfers ,
Personal Information ,
Prior Express Consent ,
Proposed Legislation
In the last year, we continued to see a shift in the privacy landscape of the United States, including the passage of comprehensive privacy legislation in both Virginia and Colorado, while other states still have bills under...more
12/31/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Data Controller ,
Data Processors ,
Federal Trade Commission (FTC) ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Proposed Legislation ,
Regulatory Authority ,
Sensitive Personal Information ,
State Privacy Laws
As noted in this press release issued earlier this week, the Federal Trade Commission (“FTC”) has sent a Notice of Penalty Offenses to over 700 companies, in which the FTC cites a handful of past cases it has successfully...more
10/18/2021
/ Administrative Procedure ,
AMG Capital Management LLC v FTC ,
Endorsements ,
Enforcement ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Notice of Violation ,
Section 5 ,
Unfair Competition
Resolving a circuit split in the interpretation of the federal Computer Fraud and Abuse Act of 1986 (CFAA) - an anti-hacking statute - the Supreme Court recently held that the CFAA does not impose liability on individuals who...more
In a unanimous ruling, the Supreme Court recently eliminated the ability of the Federal Trade Commission (“FTC”) to seek monetary relief in district court under § 13(b) of the Federal Trade Commission Act (“FTC Act”) - a...more
In Tsao v. Captiva MVP Rest. Partners, LLC, No. 18-14959, 2021 WL 381948 (11th Cir. Feb. 4, 2021), Tsao brought a putative class action against PDQ - a restaurant chain that he purportedly patronized - following a data...more
Governor Gavin Newson signed into law AB 1281 on September 29, 2020. The bill amends Section 1798.145 of the California Consumer Privacy Act (CCPA), but it only becomes operational if voters do not approve a ballot initiative...more
CRST Expedited, Inc. (CRST), a long-haul trucking company, sued one of its competitors, TransAm Trucking, Inc. (TransAm), for alleged wrongful recruiting and hiring of long-haul truck drivers still under contract with CRST....more
Contact Tracing Is Crucial: Contact tracing is the systematic identification of infected individuals and their relevant contacts. Along with rapid testing and targeted quarantines, contact tracing is an effective and crucial...more
7/8/2020
/ Consumer Privacy Rights ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Covered Entities ,
Data Collection ,
Data Privacy ,
Electronic Protected Health Information (ePHI) ,
Personally Identifiable Information ,
PHI ,
Privacy Laws ,
Proposed Legislation ,
Public Health Emergency
Key Points
HHS Declaration Provides Immunity: During a public health emergency, the Secretary of HHS can issue a Declaration providing broad tort immunity for “Covered Persons” engaging in “Recommended Activities” with...more