Author Info for Proskauer on Privacy

Julia Alonzo

Litigation Breeding Ground: Illinois’ Biometric Information Privacy Act

Illinois’ Biometric Information Privacy Act (“BIPA”) is alive and well as a potential breeding ground for litigation for tech companies. In the last month, two settlements have been announced in class actions where the…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Facial Recognition Technology

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Steven Baker

UK Supreme Court Landmark Decision Limits Data Privacy Class Actions in the UK

The UK Supreme Court handed down its much-anticipated decision in the Lloyd v Google LLC [2021] UKSC 50 case on 10 November 2021 restricting claimants’ ability to bring data privacy class actions in the UK under the (now…more

Class Action, Corporate Counsel, Cybersecurity, Data Privacy, Data Protection

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Julia Bihary

UK Supreme Court Landmark Decision Limits Data Privacy Class Actions in the UK

The UK Supreme Court handed down its much-anticipated decision in the Lloyd v Google LLC [2021] UKSC 50 case on 10 November 2021 restricting claimants’ ability to bring data privacy class actions in the UK under the (now…more

Class Action, Corporate Counsel, Cybersecurity, Data Privacy, Data Protection

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Stephen Chuk

A Year in Review: FTC Data Privacy Actions and its Impacts on 2017 and Beyond

Whether it means taking a prominent role shaping data security for the Internet of Things, or addressing high profile breaches, the FTC has adopted an active position in policing data privacy and security. And, as data becomes…more

APEC, Ashley Madison, Cybersecurity, Data Breach, Data Privacy

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Margaret Dale

Standing to Sue: Is Theft of Drivers’ License Numbers Sufficient to Allege Imminent Threat of Future Harm?

Judge Jeffrey White of the Northern District of California recently dismissed a putative class action lawsuit in which plaintiffs claimed they faced an imminent threat of future of harm in the form of identity theft and fraud…more

Article III, California Consumer Privacy Act (CCPA), Data Breach, Driver's Licenses, Fraud

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David Fioccola

The Emerging Legal and Regulatory Risks of Loyalty Programs

As part of our commitment to keeping you informed of new regulatory developments and their potential implications, we have highlighted recent statements by federal officials concerning loyalty programs, such as those involving…more

Antitrust Provisions, Consumer Protection Laws, Customer-Loyalty Programs, Data Privacy, Privacy Laws

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Aaron Francis

Same Song, Different Tune: Plaintiffs’ Bar Adds the Song-Beverly Credit Card Act to its Privacy Repertoire

Repurposing old laws to challenge new technologies has become the new normal in the privacy space. Plaintiffs continue to bring a kaleidoscope of privacy claims against companies in the tech age, reviving laws like the…more

CA Supreme Court, CIPA, Corporate Counsel, Eavesdropping, Personally Identifiable Information

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Nolan Goldberg

Standing to Sue: Is Theft of Drivers’ License Numbers Sufficient to Allege Imminent Threat of Future Harm?

Judge Jeffrey White of the Northern District of California recently dismissed a putative class action lawsuit in which plaintiffs claimed they faced an imminent threat of future of harm in the form of identity theft and fraud…more

Article III, California Consumer Privacy Act (CCPA), Data Breach, Driver's Licenses, Fraud

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Laura Goldsmith

French DPA Issues Robust Model Regulation for Biometric Access Controls in the Workplace

In late March, the French Data Protection Authority, Commission Nationale de l’Informatique et des Libertés (“CNIL”) released a model regulation (the “Model Regulation”) governing the use of biometric access controls in the…more

Biometric Information, CNIL, Corporate Counsel, Data Protection, Data Protection Authority

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Amy Gordon

Court Rejects Claims that Website’s Live Chat Feature Violates California’s Prohibitions on Wiretapping and Eavesdropping

Central District of California dismisses lawsuit alleging that a third-party’s interception of communications over a website’s live chat feature violated California’s wiretapping and eavesdropping prohibitions. Important…more

California, CIPA, Eavesdropping, Privacy Laws, State Privacy Laws

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Brooke Gottlieb

Litigation Breeding Ground: Illinois’ Biometric Information Privacy Act

Illinois’ Biometric Information Privacy Act (“BIPA”) is alive and well as a potential breeding ground for litigation for tech companies. In the last month, two settlements have been announced in class actions where the…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Facial Recognition Technology

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Arielle Kobetz

What Employers Need to Know about Europe’s General Data Protection Regulation

On April 14, 2016, the European Parliament approved the General Data Protection Regulation (“GDPR” or the “Regulation”), a new regulation that will replace the European Union’s (“EU”) current data privacy standard. As a…more

Breach Notification Rule, Consent, Data Processors, Data Protection Officers (DPOs), Employer Liability Issues

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Christina Hyun Jin Kroll

One More Year: Attorney General Issues Final Regulations as CA Legislature Delays Some Compliance Obligations

Qualifying businesses have another year to complying with certain, major provisions of the CCPA. The CCPA, or the California Consumer Privacy Act of 2018, is a California law that gives California consumers, defined broadly to…more

B2B Organizations, B2B Transactions, California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity

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Jason Madden

ONC Releases Interoperability Frameworks

The 21st Century Cures Act directed the National Coordinator to “develop or support a trusted exchange framework, including a common agreement among health information networks nationally.” Fulfilling that mandate, the Office of…more

21st Century Cures Act, Data Protection, Data-Sharing, Electronic Medical Records, Electronic Protected Health Information (ePHI)

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Stéphanie Martinier

French DPA Issues Guidance Surrounding Practice of Web Scraping

On April 30, 2020, the French data protection authority, the CNIL, published a guidance surrounding considerations behind what it calls “commercial prospecting,” meaning scraping publicly available website data to obtain…more

Data Collection, Data Privacy, Data Protection Authority, Direct Marketing, General Data Protection Regulation (GDPR)

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Kelly McMullon

EU-U.S. and UK-U.S. Data Transfer Deals Advance with White House Executive Order

A new legal mechanism to allow for transfers of personal data between the EU and the U.S. is now advancing after an October 7th, 2022 Executive Order was issued by U.S. President Biden (the “Executive Order”). The new mechanism…more

Court of Justice of the European Union (CJEU), Data Protection, Data Transfers, EU, European Economic Area (EEA)

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Ellen Moskowitz

Laptop Security Breach Leads to $850,000 HIPAA Settlement Payout

On November 19, 2015, Lahey Hospital and Medical Center (“Lahey”) entered into an $850,000 settlement with the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) for alleged violations of the…more

Corrective Actions, Encryption, HIPAA Breach, Mobile Device Management, OCR

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David Munkittrick

Class Actions and the Continued Significance of Arbitration Agreements

The recently released Carlton Fields 2016 Class Action Survey reports that class actions are up for the first time in four years. While data privacy class actions still make up a relatively small portion of class action filings,…more

Arbitration Agreements, Arbitrators, Authentication, Class Action, Clickwrap Agreements

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Alexis Namdar

UK Supreme Court Landmark Decision Limits Data Privacy Class Actions in the UK

The UK Supreme Court handed down its much-anticipated decision in the Lloyd v Google LLC [2021] UKSC 50 case on 10 November 2021 restricting claimants’ ability to bring data privacy class actions in the UK under the (now…more

Class Action, Corporate Counsel, Cybersecurity, Data Privacy, Data Protection

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Jeffrey Neuburger

SolarWinds Vendor Supply Chain Attack: A Timely Reason to Review Procedures for Risk Assessments and Vendor Contracts

As reported last week, a state-sponsored hacker may have breached multiple U.S. government networks through a widely-used software product offered by SolarWinds. The compromised product, known as Orion, helps organizations…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Data Security

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Michelle Ovanesian

SolarWinds: A Lesson on How Companies Victimized by Data Breaches Can Quickly Become the Target of Litigation and Regulatory Investigations

In 2020, SolarWinds Corp., a company that provided information technology software to private and government entities, was the victim of a cybersecurity breach. Russian hackers are believed to have slipped malicious code into a…more

Bad Faith, Breach of Duty, Corporate Governance, Cybersecurity, Data Breach

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Whitney Phelps

ONC Releases Interoperability Frameworks

The 21st Century Cures Act directed the National Coordinator to “develop or support a trusted exchange framework, including a common agreement among health information networks nationally.” Fulfilling that mandate, the Office of…more

21st Century Cures Act, Data Protection, Data-Sharing, Electronic Medical Records, Electronic Protected Health Information (ePHI)

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Leslie Shanklin

Privacy Class Action Spotlight: Surge of Privacy Class Actions in Arizona Targeting Email Pixel Tracking

There has been a recent surge of privacy class action lawsuits under the Arizona Telephone, Utility, and Communication Service Records Act targeting the use of common email marketing analytics technologies. Defendants are…more

Arizona, Article III, CIPA, Class Action, Email

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Margaret Ukwu

Paying the Ransom in Response to a Ransomware Attack can Sometimes Backfire

One of the key decisions that needs to be made in the aftermath of a successful ransomware attack is whether or not the victim organization can or should pay the ransom. Of course, there are many considerations that go into…more

Cyber Attacks, Cybersecurity, Data Breach, Ransomware

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Baldassare Vinti

The Emerging Legal and Regulatory Risks of Loyalty Programs

As part of our commitment to keeping you informed of new regulatory developments and their potential implications, we have highlighted recent statements by federal officials concerning loyalty programs, such as those involving…more

Antitrust Provisions, Consumer Protection Laws, Customer-Loyalty Programs, Data Privacy, Privacy Laws

See all updates »

Jeffrey Warshafsky

Same Song, Different Tune: Plaintiffs’ Bar Adds the Song-Beverly Credit Card Act to its Privacy Repertoire

Repurposing old laws to challenge new technologies has become the new normal in the privacy space. Plaintiffs continue to bring a kaleidoscope of privacy claims against companies in the tech age, reviving laws like the…more

CA Supreme Court, CIPA, Corporate Counsel, Eavesdropping, Personally Identifiable Information

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Christopher Wells

SEC to Conduct Second Round of Cybersecurity Examinations

On September 15, 2015, the Office of Compliance Inspections and Examinations (OCIE) of the Securities and Exchange Commission (SEC) issued a Risk Alert announcing its second round of examinations of registered investment…more

Broker-Dealer, Cyber Incident Reporting, Cyber Threats, Cybersecurity, Data Privacy

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Matthew Westbrook

FTC and OCR Unite to Safeguard Hospital and Telehealth Data from Online Tracking Threats

On July 20, 2023, the Federal Trade Commission (“FTC”) and the Office for Civil Rights of the United States Department of Health and Human Services (“OCR”) announced that they had sent a warning letter to about 130 hospital…more

Cyber Threats, Data Protection, Department of Health and Human Services (HHS), False Endorsements, Federal Trade Commission (FTC)

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Carly Ziegler

Fiduciary Access to Digital Assets and Accounts

Traditionally, a person’s most valuable assets to be distributed upon death consisted of tangible items such as real property, cash, jewelry and personal effects of sentimental value like photographs and letters. However, the…more

Digital Assets, Facebook, Fiduciary Duty, Google, PayPal

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Proskauer on Privacy

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