News & Analysis as of

Consent

The Data Report Episode 18: Privacy Shield

by Bilzin Sumberg on

Module Five: International Law (Part III) In this episode of The Data Report, Litigation attorney Jay Ward discusses compliance with the GDPR requirements. Jay examines "Privacy Shield," the framework that provides a set of...more

What American Companies Need to Know about the EU’s New General Data Protection Regulation (GDPR)

by Fisher Phillips on

The General Data Protection Regulation (GDPR) is a new data privacy and security law in Europe that will go into force on May 25, 2018. Every organization that does business with EU customers, regardless of the home base of...more

Injured Workers in Ohio Must Obtain Employer Consent Before Dismissing the Complaint on Employer Initiated Court Appeals

by Reminger Co., LPA on

The Ohio Supreme Court recently held an injured worker, in a workers’ compensation appeal, cannot dismiss the R.C. 4123.512 court appeal if: (1) it was the employer’s appeal; and (2) the employer does not consent to the...more

Ohio Supreme Court Finds Ohio's "Consent Provision" Constitutional

by Roetzel & Andress on

The Ohio Supreme Court has issued a ruling upholding the so called “consent provision” of Ohio Revised Code Section 4123.512(D), providing added protections to Ohio employers involved in workers’ compensation litigation....more

TCPA Connect - September 2017

A Winner for the Defense - Judge Padova in the Eastern District of Pennsylvania recently granted a motion by Kohl’s to dismiss a putative Telephone Consumer Protection Act class action for lack of standing in Winner v....more

Ruling Elevates Conflicts Considerations in Insurance/Tripartite Relationship Cases - After Washington Supreme Court Decision,...

by Holland & Knight LLP on

• Relationships between insurer, insured and insurer-appointed defense counsel – also known as the "tripartite relationship" – have long been recognized as a potential source of conflicts of interest. By a 5-4 majority in...more

Second Circuit Holds That the TCPA Does Not Allow a Consumer to Unilaterally Revoke Consent to Be Called That Is Part of an...

In Reyes v. Lincoln Automotive Financial Services, the Second Circuit was asked to address whether the Telephone Consumer Protection Act (“TCPA”) “permits a consumer to unilaterally revoke his or her consent to be contacted...more

UK Government Sets Forth Approach for GDPR

by Ropes & Gray LLP on

With its “Statement of Intent” published on 7 August 2017, the UK Government has taken the first step in the process of cementing the General Data Protection Regulation into UK law. In the statement, entitled “A New Data...more

Consent under the General Data Protection Regulation: what are the alternatives for employers?

by Dechert LLP on

The UK's Information Commissioner, Elizabeth Denham, has launched a series of blogs designed to “bust some of the myths” which she believes have developed around the EU General Data Protection Regulation (GDPR). Her first...more

Significant changes proposed to Singapore's data protection law - 5 things you need to know

by DLA Piper on

Significant changes are proposed to Singapore's data protection law, which if passed would have a material impact on organisations' Singapore data protection compliance programmes. Here's what you need to know so you can plan...more

Real Property & Title Insurance Update: Week Ending August 11, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Short Sale/Statute of Limitations: Florida Statute section 95.11(5)(h)’s one year statute of limitations period does not apply to bar Bank’s cause of action for deficiency judgment arising...more

New Jersey’s Telemedicine Law: What Providers Need to Know

by Foley & Lardner LLP on

New Jersey has a new telemedicine law, recently signed by Governor Chris Christie. The law cements the validity of telehealth services in the Garden State, establishes telemedicine practice standards, and imposes telehealth...more

The GDPR and The Bottom Line

How The EU Data Privacy Regulation Will Affect American Companies’ Data Collection and Processing Practices – and Their Revenue - For American companies who do business in Europe or who process the personal data of EU...more

EU General Data Protection Regulation: A Summary for Non-EU Businesses

by Vedder Price on

The EU’s General Data Protection Regulation (679/2016/EU), the GDPR, comes into force across the EU on 25 May 2018. As it is being made by regulation the GDPR, unlike the existing Data Protection Directive (implemented into...more

Shares of Foreign Subsidiaries

by Allen Matkins on

I expect that little or no thought is given to the possible application of California’s Corporate Securities Law of 1968 when a corporation incorporates a subsidiary under the laws of a foreign country. However, the issuance...more

How to Keep it Brief: The No. 1 Secret to Shortening Your Meetings

No one likes sitting in a meeting any longer than necessary. So here’s the best kept secret for shortening a meeting: bypass debate on non-controversial motions. ...more

Second Circuit Holds that Contractually-Given Consent Cannot be Revoked Under TCPA

by Goodwin on

On June 22, 2017, the Second Circuit decided Reyes v. Lincoln Automotive Financial Services, No. 16-2104—a decision which is a win for the TCPA defense bar. In Reyes, the Second Circuit held that, once a consumer consents to...more

Canada’s Embattled Anti-Spam Law Marks End of Grace Period Despite Uncertain Future

by Baker Donelson on

On July 1, 2017, an important grace period terminated for Canada’s Anti-Spam Law (CASL), which initially took effect on July 1, 2014. The beginning of this month marked the end of the two-year grace period for entities to...more

Blog: GDPR – Do I Need Consent to Process Personal Data?

by Cooley LLP on

If you are handling personal data of EU citizens, you will need some justification in order to do so. Under the new rules, the basic concept of consent has not changed, nor has its role as a lawful basis for processing...more

District of New Jersey Grants Summary Judgment and Strikes Class Allegations in TCPA Case

by Goodwin on

Last week, the District of New Jersey issued a noteworthy opinion in a putative TCPA class action against TD Bank and Target. In Martinez v. TD Bank USA, N.A. et al., 2017 WL 2829601 (D.N.J. June 30, 2017), the court held...more

When CASL Consents Expire

I’ve been getting a lot of emails from law firms and other professional services firms warning me that if I do not confirm my subscription to their newsletters, they will stop sending them to me. These firms have...more

Illinois “Geolocation Privacy Protection Act” Passes Both Houses, Headed to Governor’s Desk

by WilmerHale on

On Tuesday, June 27, the Illinois legislature passed HB 3449, the “Geolocation Privacy Protection Act.” If signed by Governor Bruce Rauner (R), the bill would prohibit a “private entity” from collecting, using, storing or...more

Locked-In: TCPA Consent Not Revocable If a Term of Contract

Consent to be contacted under the Telephone Consumer Protection Act (TCPA) is not revocable if included as a term of a written contract, according to a decision by the US Court of Appeals for the Second Circuit in Reyes v....more

THIS CHANGES EVERYTHING—Second Circuit Holds that Contractual Consent Provisions Cannot be Revoked

by Dorsey & Whitney LLP on

This is the biggest TCPA news since the Omnibus—a silver bullet to defeat most revocation cases was hiding in plain sight the entire time. It seems so obvious now. ...more

Washington becomes the third state with a biometric privacy law: five key differences

by DLA Piper on

The State of Washington has become the third state (after Illinois and Texas) to enact a law regulating biometric information (HB 1493). The new law, enacted in mid-May, goes into effect on July 23, 2017....more

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