The Illinois Biometric Information Privacy Act (“BIPA”) has posed significant litigation risk to businesses collecting biometric information since its adoption in 2008. Last year, an Illinois Supreme Court decision magnified…
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/ Consumer Protection, Privacy, Science, Computers, & Technology
This is not a drill: the Texas Attorney General is coming for HIPAA. On September 4, 2024, the State of Texas sued the United States Department of Health and Human Services (DHHS) to enjoin portions of HIPAA regulations,…
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/ Constitutional Law, Health, Privacy
The plaintiffs’ bar has added a new tool to its arsenal to target cookies, pixels, and similar online tracking tools and the businesses that use them: the California Song-Beverly Credit Card Act of 1971 (“Act”). This…
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/ Communications & Media Law, Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology
We recently provided a Client Alert providing an update on the status of the Final Rule (the “Rule”) issued by the Federal Trade Commission (the “FTC”), which would make most covenants not to compete between employers and their…
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/ Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law
Nasdaq has proposed amendments to its listing standards that would accelerate the delisting process for certain companies that fail to satisfy its minimum bid price requirement. These proposals are ostensibly in response to…
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/ Administrative Law, Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law
You may have heard or seen in the news that on April 23, 2024, the Federal Trade Commission (the “FTC”) issued a Final Rule making most covenants not to compete between employers and their workers illegal and void (the “Rule”). …
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/ Antitrust & Trade Regulation, Labor & Employment Law
Website privacy controls—in the form of banners and pop-ups asking visitors to agree to, or reject, a website’s use of cookies, pixels, and similar technologies used to track their behavior—are becoming ubiquitous. In the United…
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/ Consumer Protection, Privacy, Science, Computers, & Technology
The Securities and Exchange Commission (the “SEC”) has issued five compliance and disclosure interpretations related to the disclosure of material cybersecurity incidents under Item 1.05 of Form 8-K…
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/ Finance & Banking, Science, Computers, & Technology, Securities Law
On May 23, 2024, the U.S. Department of Housing and Urban Development (“HUD”) issued requirements, effective immediately, for all FHA-approved mortgagees to report certain cyber incidents to HUD within 12 hours of detection. The…
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/ Finance & Banking, Real Estate - Residential, Science, Computers, & Technology
As we’ve noted in a previous article, the Y Combinator-hosted SAFE (Simple Agreement for Future Equity) has become the investment contract of choice for startup companies that have already attracted investors. However, the SAFE…
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/ Business Organizations, Finance & Banking, Securities Law
So you decided to use a SAFE (Simple Agreement for Future Equity) to raise money for your new startup – congratulations! And you’re off to a good start because you read our previous article, which summarized how to use the…
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/ Business Organizations, Finance & Banking, Securities Law
Last month, the Director of the Division of Corporation Finance (“Director”) of the Securities and Exchange Commission (“SEC”) issued new guidance regarding disclosures of material cybersecurity incidents via Form 8-K under new…
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/ Consumer Protection, Privacy, Science, Computers, & Technology, Securities Law
On April 24, 2024, Congress made headlines by passing a complex foreign aid package, which included the much-discussed TikTok “divest-or-ban” legislation. What received less attention was the Protecting Americans’ Data from…
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/ Consumer Protection, International Law & Trade, Privacy
As our loyal Practical Privacy readers may remember, back in December of 2021, the Federal Trade Commission (the “FTC” or “Commission”) began a rulemaking process to update the Commission’s Health Breach Notification Rule (the…
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/ Consumer Protection, Privacy, Health
On April 23, 2024, the U.S. Department of Labor (“DOL”) issued a final rule (the “Rule”) increasing the minimum salary threshold for employees exempt from the overtime pay requirements established by the Fair Labor Standards Act…
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/ Labor & Employment Law
