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Alston & Bird

Wave Goodbye to the Waiver Debate: Court Holds Data Breach Investigation Report Not Work Product from the Start

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Litigants in data breach class actions often fight over whether a data breach investigation report prepared in response to the breach is protected by the work-product doctrine. Common areas of dispute include whether the...more

Alston & Bird

The Digital Download – Alston & Bird’s Privacy & Data Security Newsletter – May 2025

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Selected U.S. Privacy & Cyber Updates - DOJ Settles False Claims Act Case with MORSECORP over Cybersecurity Program - On March 26, 2025, the U.S. Department of Justice (DOJ) announced that it had reached an agreement with...more

Robinson+Cole Data Privacy + Security Insider

Ascension Notifies 430,000 Patients of Data Breach

Healthcare system Ascension has notified 437,329 patients of a data breach exposing “demographic information, such as name, address, phone number(s), email address, date of birth, race, gender, and Social Security numbers, as...more

Wyrick Robbins Yates & Ponton LLP

The Justice Department’s New Rule on Access to U.S. Sensitive Personal Data and Government-Related Data by Countries of Concern or...

On April 8, 2025, the Department of Justice’s new rule on Access to U.S. Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons took effect. The rule, referred to by DOJ as the Data...more

Robinson+Cole Data Privacy + Security Insider

Employees Hiding Use of AI Tools at Work

A new study by Ivanti illustrates that one out of three workers secretly use artificial intelligence (AI) tools in the workplace. They do so for varying reasons, including “I like a secret advantage,” “My job might be...more

Robinson+Cole Data Privacy + Security Insider

California Privacy Protection Agency Releases Updated Regulations: What’s Next?

This month, the California Privacy Protection Agency (CPPA) Board discussed updates to the California Consumer Privacy Act (CCPA) draft regulations related to cybersecurity audits, risk assessments, automatic decision-making...more

Baker Donelson

T-Minus Two Months: Another State Enters the National Stage – Preparing for the Tennessee Information Protection Act

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Effective July 1, 2025, Tennessee enters the national privacy conversation with the Tennessee Information Protection Act (TIPA), becoming the latest state to enact a comprehensive consumer data privacy law. However, this...more

Alston & Bird

UK Publishes Software Security Code

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Cyber security supply chain risks are growing, and attacks on vendors and other third parties cause severe disruption to businesses. For example, in recent years we have seen many incidents that have involved threat actors...more

Venable LLP

Smoothing Privacy Contracting: Six Ways to Reduce Friction in Data Processing Agreements

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Negotiating a data processing agreement (DPA) is typically a necessary step when engaging vendors that handle personal data. However, these negotiations have become time consuming and complex, given the evolving privacy...more

McAfee & Taft

Update: Changes to Oklahoma’s Security Breach Notification Act may soon become law

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On January 14, 2025, Sen. Brent Howard and Rep. John Pfeiffer introduced Senate Bill 626, which amends and updates Oklahoma’s Security Breach Notification Act, 24 Okla. Stat. § 161 et seq.  That Act currently requires that...more

DCI Consulting

Colorado Legislature Fails to Delay Implementation of AI Law

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In early 2024, the Colorado state legislature passed Senate Bill 24-205, Consumer Protections for Interactions with Artificial Intelligence Systems (CPIAIS), which was signed into law by Governor Jared Polis on May 17, 2024....more

Sheppard Mullin Richter & Hampton LLP

Virginia Will Add to Patchwork of Laws Governing Social Media and Children (For Now?) 

Virginia’s governor recently signed into law a bill that amends the Virginia Consumer Data Protection Act. As revised, the law will include specific provisions impacting children’s use of social media. Unless contested, the...more

Bass, Berry & Sims PLC

Big Sky, Bigger Privacy: Montana Broadens Its Consumer Data Privacy Act

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On May 8, Montana Governor Greg Gianforte signed into law Senate Bill 297 (SB 297), a bill that significantly revises the existing Montana Consumer Data Privacy Act (MCDPA). Although the MCDPA took effect on October 1, 2024,...more

A&O Shearman

CJEU publishes an updated Fact Sheet summarising key case law on protection of personal data

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On April 28 2025, the Court of Justice of the European Union (CJEU) published an updated version of the fact sheet (the Fact Sheet) summarising key case law on protection of personal data. The Fact Sheet covers the case law...more

Bradley Arant Boult Cummings LLP

Part 2: Children and Location: Ferguson’s FTC Privacy Enforcement Priorities

While Andrew Ferguson advocates for a restrained regulatory approach at the FTC, his statements and voting record reveal clear priority areas where businesses can expect continued vigorous enforcement. Two areas stand out in...more

Sheppard Mullin Richter & Hampton LLP

CFPB Withdraws Guidance and Proposed Rules on Data Broker, Video Game Payments, and Contract Clauses

On May 15, the CFPB withdrew three Biden-era rulemaking proposals, including a December 2024 proposal to regulate data brokers as consumer reporting agencies under the Fair Credit Reporting Act (FCRA), a January proposal to...more

Klein Moynihan Turco LLP

The TikTok Trap and Trace Train Keeps Chugging Along

In an earlier piece, we discussed the increase in recently-filed California Invasion of Privacy Act (“CIPA”) TikTok trap and trace device lawsuits. Generally, TikTok trap and trace actions allege that the use of TikTok...more

Cozen O'Connor

Texas Secures $1.375B Settlement with Google Over Alleged Deceptive Data Collection

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Texas AG Ken Paxton announced a settlement in principle with Google LLC to resolve allegations of data privacy and security violations. The settlement will resolve lawsuits filed by Texas against Google for allegedly...more

Fisher Phillips

Clothing Retailer Faces Big Fines for CCPA Violations: A Wake-Up Call + An Action Plan for Businesses

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In a significant enforcement move, California’s consumer privacy regulator just ordered a national clothing retailer to pay a $345,178 fine to resolve alleged violations of the state’s privacy law. The California Privacy...more

Fisher Phillips

Court Confirms Kentucky Consumer Protection Act Doesn’t Cover Employees, But Legal Risks Remain: 5 Steps for Employers to Avoid...

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A federal district court recently found that employees aren’t protected by Kentucky’s consumer protection law because they don’t qualify as consumers, handing a solid win to employers. The April 21 decision in Viviali v. One...more

Stoel Rives LLP

Utah’s App Store Accountability Act Goes into Effect

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With the passage of Senate Bill 142, the App Store Accountability Act (the “Act”), Utah became the first state to pass legislation requiring app store providers to verify users’ ages and block minors from downloading apps or...more

Wilson Sonsini Goodrich & Rosati

EU Commission Launches DSA Consultation on the Protection of Minors Online

On May 13, 2025, the European Commission (EC) published draft guidelines on the protection of minors online. The guidelines outline the proposed measures that the EC expects online platforms accessible to minors to take to...more

Robinson+Cole Data Privacy + Security Insider

Todd Snyder Fined for Technical CCPA Violations

The California Consumer Privacy Protection Agency (CPPA) Board issued a stipulated final order against Todd Snyder, Inc., a clothing retailer based in New York, requiring the company to pay a $345,178 fine and update its...more

Pillsbury - Global Sourcing Practice

Legal Definitions of AI: Considerations and Common Threads

By now, we all know what AI is. Some of us use ChatGPT as our search engine, confidant, secretary, travel agent, and much more. Others, at least, are acutely aware that AI exists, because everyone else is talking about it,...more

Morris, Manning & Martin, LLP

The Big Long List of U.S. AI Laws

Below, we catalog certain current state laws regulating the development and use of AI systems and technologies passed between 2019 and 2025. This list focuses on legislative initiatives that have passed and are in effect or...more

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