News & Analysis as of

Consent

100(ish) Days Until GDPR

by Workman Nydegger on

In a little more than 100 days, a sweeping regulation known as the General Data Protection Regulation (GDPR) will go into effect across the European Union. The purpose of the GDPR is to update and modernize the scope of...more

“Golden Share” Equity Holder Can Bar Bankruptcy Filing

The Bankruptcy Court in the Southern District of Mississippi (the “Court”), in In re Franchise Services of North America, Inc., Case No. 1702316EE (Bankr. S.D. Miss. Dec. 18, 2017), upheld the blocking power held by a...more

Revocation by Lawsuit: Judge Rules Service of TCPA Complaint Instantly Revoked Consent

by Dorsey & Whitney LLP on

It has been a fairly quiet start to 2018 in TCPAland, but February has ushered in a series of cases worth talking about. The first is McMillion v. Rash Curtis & Assocs., No. 16-cv-03396-YGR, 2018 U.S. Dist. LEXIS 17784...more

A Framework for Readying Your Institution for Complying With the Revised Common Rule

Earlier this year, the long-awaited revision to the Federal Policy for the Protection of Human Subjects, known as the ‘‘Common Rule,’’ was published in the Federal Register (the ‘‘Final Rule’’). 82 Fed. Reg. 7149 (Jan. 19,...more

One Step Forward, One Step Back? Reyes's Impact on TCPA Claims

by Faegre Baker Daniels on

Courts continue to chip away at the reach of the Telephone Consumer Protection Act (TCPA). In Reyes v. Lincoln Automotive Financial Services, the Second Circuit recently held that consumers cannot revoke consent to receive...more

SAMHSA Final Rule Expands Permitted Disclosures of Substance Use Disorder Information to Subcontractors

The Substance Abuse and Mental Health Services Administration (SAMHSA) has issued a final rule (Rule) updating the Confidentiality of Substance Use Disorder Records, 42 CFR part 2 (Part 2), to expand the circumstances under...more

Six Flags Survives Biometric Law Roller Coaster Courtesy of Appellate Court

Companies that collect and store biometric information from their customers and employees received good news from an Illinois appeals court in late December, a much-needed win in an area that has seen a massive rise in class...more

EU issues warning on data transfers to the UK post-Brexit

by Dechert LLP on

The European Commission has issued a notice explaining some of the legal ramifications of Brexit on transfers of personal data from the EU to the UK....more

Meeting GDPR Requirements - Is Your E-Discovery Process Ready for the EU’s New Data Privacy Rules?

by Zapproved LLC on

Buzz is building around the European General Data Protection Regulation (GDPR) which becomes law May 25, 2018 — and for good reason. The GDPR’s strict personal data guidelines require that all companies doing business and/or...more

SAMHSA Finalizes Second Round of Changes to Federal Substance Use Disorder Privacy Rule

by Foley & Lardner LLP on

New federal regulations published on January 3, 2018, clarify when lawful holders of substance-use disorder records may use and disclose patient identifying information for payment, health care operations, and audits and...more

SAMHSA Finalizes Additional Changes to the Confidentiality of Substance Use Disorder Patient Records Regulations

by Epstein Becker & Green on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) published a final rule (“Final Rule”) to further update the Confidentiality of Substance Use Disorder Patient Records regulations...more

Beware of the Man-in-the-Middle: Lessons from the FTC’s Lenovo Settlement

by Patrick Law Group, LLC on

The Federal Trade Commission’s recent approval of a final settlement with Lenovo (United States) Inc., one of the world’s largest computer manufacturers, offers a reminder that when it comes to consumers’ sensitive personal...more

Article 29 Working Party Releases Guidelines On Consent Under the GDPR

by Reed Smith on

On 28 November 2017, the Article 29 Working Party (“WP29”) published its guidelines on consent under the General Data Protection Regulation (“GDPR”). The guidelines are open for public consultation until 23 January 2018. They...more

Score One for Employers: One Illinois Appellate Court’s Pre-Holiday Gift to Companies Facing Lawsuits Alleging Violations Under...

by Clark Hill PLC on

Over the past year, the number of class action lawsuits alleging violations of the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) has exceeded sixty. A majority of these lawsuits have been filed against...more

Getting Ready for GDPR Compliance in the New Year

by Vedder Price on

As 2017 comes to a close and companies look to planning initiatives for 2018, there is one date that should be front and center for privacy professionals: May 25, 2018. That is the date that the EU’s General Data Protection...more

Consent under the GDPR: Official Guidance Now Available

One of the most striking changes to EU privacy law under the EU’s General Data Protection Regulation (which goes into effect May 25, 2018) is the very strict approach to user consent. For many years, companies operating in...more

SDNY Bankruptcy Court Rejects Non-Consensual Third-Party Releases

Third-party releases attract significant attention and debate in Chapter 11 cases. A Southern District of New York bankruptcy court recently weighed in on this hot topic and issued a decision in In re SunEdison, Inc., et al.,...more

The Second Circuit Provides A Roadmap For Employers Defending Claims Under Illinois’ Biometric Information Privacy Act

by Littler on

While the emergence of biometric technology in the workplace is not a new phenomenon, employers being sued for utilizing this technology is a new trend. Over the past three months, more than 30 class action lawsuits have...more

89 Call Recordings Not Enough to Convince Court that Plaintiff Did Not Revoke Consent

by Dorsey & Whitney LLP on

When a Defendant submits 89 call recordings demonstrating that the customer never once asked for calls to stop or suggested that the calls were unwanted, you’d think that would be enough to earn a summary judgment. Not so,...more

New Employment Laws Will Require Changes for Most Employers in 2018

by Farella Braun + Martel LLP on

The 2017 California legislative session resulted in several new laws that will affect employers’ day-to-day operations and policies in 2018. Some of these new laws, including bans on criminal history and salary history...more

Consent Issues Preclude Certification of TCPA Class Action

Takeaway: A March 2017 D.C. Circuit decision excluding solicited faxes from the scope of the TCPA may spell trouble for class action plaintiffs. The Northern District of Illinois recently ruled that, at least where there is...more

Non-Consensual Third-Party Releases in Chapter 11 Plans: a Recent Decision

A recent decision of the United States Bankruptcy Court for the Southern District of New York provides important guidance on the limits of nonconsensual third-party releases in the Second Circuit. SunEdison, Inc. sought...more

The UK’s Data Protection Authority goes myth-busting: fining powers; consent; the "misconception" that the GDPR is an unnecessary...

by Ropes & Gray LLP on

The UK’s Information Commissioner’s Office has published a series of blog pieces to “bust some myths” about the General Data Protection Regulation, which comes into effect on 25 May 2018. According to the Information...more

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

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