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Benesch

Scientific American Unable to Kick VPPA Class Action

Benesch on

In a notable development for corporate defendants grappling with consumer privacy litigation, the Southern District of New York has recently issued a decision in Lee v. Springer Nature America, Inc., embracing a broadened...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Location Data as Health Data? Precedent-Setting Lawsuit Brought Against Retailer Under Washington My Health My Data Act

An online retailer was recently hit with the first class action under Washington’s consumer health data privacy law alleging that it used advertising software attached to certain third-party mobile phone apps to unlawfully...more

WilmerHale

2024 Year in Review: Video Privacy Protection Act Litigation Trends

WilmerHale on

The Video Privacy Protection Act (“VPPA”), a federal statute enacted in 1988, is gaining new relevance in recent years as plaintiffs bring lawsuits with the goal of enforcing online privacy rights. 2024 saw a continuation of...more

Parker Poe Adams & Bernstein LLP

Will Your Business's Marketing Tools Subject You to Third-Party Data Sharing Litigation?

It is challenging for businesses to maintain their competitive marketing edge while simultaneously reacting to ever-changing regulations on consumer data collection, usage, and sharing....more

Bricker Graydon LLP

Oh My Gourd, Another Data Privacy Law?! 

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In 2018, there were two comprehensive state data privacy bills introduced across the United States and a whopping zero were in effect. Fast forward six years and there have been 41 new data privacy bills considered this year...more

WilmerHale

FTC’s Enforcement Action Against Avast Signals Increased Focus on Consumer Web Data

WilmerHale on

The Federal Trade Commission (FTC) has been actively flexing its authority as a privacy regulator in recent months. The agency has been especially focused on identifying data practices it views to be “unfair”, thereby...more

Benesch

Privacy Floodgates Open: 13 U.S. State Data Protection Bring About Major Changes

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Global Privacy Controls, vendor management, sensitive personal information, and the use of Ad Tech; new U.S. state data protection laws introduce twists to traditional notions of American data protection law. In the U.S.,...more

Eversheds Sutherland (US) LLP

CFPB previews consumer data portability rule meant to accelerate US open banking adoption

On October 19, 2023, the Consumer Financial Protection Bureau (CFPB) issued an advance notice of proposed rulemaking (ANPR) with respect to a new consumer financial data portability rule mandated by Section 1033 of the...more

Segal McCambridge

District Court Confirms That Damages Are Discretionary Under Illinois’ Biometric Statute

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On June 30, 2023 the Northern District of Illinois vacated the $228 million damages award previously entered in the first jury trial arising under Illinois’ Biometric Information Privacy Act (BIPA), and ordered a new jury...more

Polsinelli

Will a New Wave of Lawsuits Roll Into a Nationwide Tsunami? Wiretapping Litigation for Website Analytics

Polsinelli on

2022 has seen a new wave of class action lawsuits targeting companies that use technology to track consumers’ interfaces on their websites. These lawsuits generally allege that the use of technologies such as session replay...more

Benesch

Privacy Points 2023: New State Laws Introduce New Audit and Internal Review Requirements for Personal Information Collection and...

Benesch on

Some states will affirmatively require annual audits of a business’s data collection and processing practices and—in some cases—to submit those audits to state regulators. With new US state data protection laws taking...more

Nextpoint, Inc.

Managing Ediscovery In The Cloud: Essential Questions to Ask Potential Providers

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As we explained in our last post, managing ediscovery in the cloud is the only viable solution for dealing with the massive amount of electronic data involved in litigation today. Nextpoint has been an advocate for...more

McGlinchey Stafford

Congress Introduces the American Data Privacy and Protection Act

McGlinchey Stafford on

On June 23, 2022, Representatives Pallone, Rodgers, Schakowsky, and Bilirakis introduced the American Data Privacy and Protection Act, HR 8152. This Act represents an effort to create a comprehensive federal privacy law. ...more

Fox Rothschild LLP

To Clarify the Meaning CCPA, CPPA Issues Initial Statement of Reasons for New Regs

Fox Rothschild LLP on

“Businesses, service providers, and contractors are to comply with not just the letter of the (California Consumer Privacy Act), but the spirit of the law.” That is according to a new Initial Statement of Reasons issued...more

K&L Gates LLP

Litigation Minute: Mitigating Class Action Risks Posed by Collecting and Storing Sensitive Data

K&L Gates LLP on

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The collection and storage of sensitive data can not only invite the attention of government agencies, but also that of putative class action plaintiffs. Government inquiries,...more

Wyrick Robbins Yates & Ponton LLP

To-Do in 2022: Top 5 Data Protection Contracting Tasks

Since 2018, a consistent stream of newly adopted privacy laws and other regulatory developments (such as GDPR, CCPA, Schrems II, and the new EU Standard Contractual Clauses) has required companies to make regular updates to...more

Kerr Russell

Investing In Your Privacy

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As people have come to learn this week (many for the first time), the stock market is a volatile tool through which earnings are made and lost in the literal blink of an eye. We, of course, do not intend to provide investing...more

Bradley Arant Boult Cummings LLP

Steps for Proactive CPRA Compliance

California voters signaled that privacy is a top priority by overwhelmingly approving Proposition 24 on Nov. 3, 2020—the California Privacy Rights Act (CPRA). The CPRA amends and significantly strengthens the recently enacted...more

ArentFox Schiff

CPRA Passes, Further Bolstering Privacy Regulations and Requirements in California

ArentFox Schiff on

The CPRA, also referred to as CCPA 2.0, is a more robust version of the CCPA. The original drafter of the CCPA put CPRA on the ballot to amend and bolster key provisions in the CCPA....more

Troutman Pepper Locke

California Consumer Privacy Act Enforcement Series: Treating the CCPA Like a Check-the-Box Exercise

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Enforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper includes several attorneys who worked in an attorney general’s office. This privacy regulatory team has...more

Partridge Snow & Hahn LLP

Bringing Your Business Online: Written Information Security Programs (WISPs)

The current COVID-19 pandemic has forced many businesses online in order to survive. In many cases, businesses had no plans to be online. Others were forced to move online more quickly than planned. In order to assist these...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert l March 2020

Shook Weighs in on Updated CCPA Regulations - In response to extensive public comment, the California Attorney General’s office released modified draft regulations under the CCPA on February 7. Shook has provided initial...more

Fisher Phillips

California AG Revises Proposed CCPA Regulations

Fisher Phillips on

On February 10, 2020, the Attorney General issued revisions to the proposed regulations to the California Consumer Privacy Act (the CCPA) which were originally published in October of last year. While the Attorney General...more

Carlton Fields

The CCPA for the Land Title Industry: Service Providers and Sale of Data Under the CCPA

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The CCPA makes several key distinctions in how it defines service providers, covered businesses, and third parties. This podcast discusses some critical definitions in the CCPA as they apply to the land title industry,...more

Hudson Cook, LLP

CCPA Advent: Waiting on the World to Change

Hudson Cook, LLP on

January 1, 2020, opens both a new decade and a new landscape in privacy regulation in the United States. On that day, the California Consumer Privacy Act, or CCPA, is set to become effective. The law will be the first of its...more

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