The U.S. Department of Energy (DOE or the “Department”) recently opened the submission of Concept Papers for its $7 billion H2Hubs program, marking one of the largest investments in DOE history, with the goal of creating up...more
[co-author: Leila Fleming]
Good evening! This is Akin Gump’s weekly policy newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from this past week and...more
As Congress headed into recess, it sought to wrap up loose ends, including passing permitting reform. However, Sen. Joe Manchin (D-WV) removed his permitting reform language from a continuing resolution and Senate Majority...more
[co-author: Leila Fleming]
Good evening! This is Akin Gump’s weekly policy newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from this past week and...more
Last week, the California Air Resources Board (CARB) announced a new rule that bans new, gas-powered cars in the state, starting with 2035 models. As the California legislative session draws to a close, various climate bills...more
Legislation to “prevent corporate greenwashing” by requiring major companies doing business in California to publicly disclose their scope 1, 2 and 3 greenhouse gas (GHG) emissions has cleared two critical committees....more
Two recent rulings by California state court judges have struck-down California statutes that were intended to foster diversity at California-based public companies. In the first case, Crest v. Padilla, No. 20-STCV-37513...more
Many investors and other stakeholders have long sought universal requirements for public companies to disclose the social and climate impacts of their operations. If recent developments at the United States Securities and...more
- Numerous jurisdictions across the country are enacting a patchwork of different shelter-in-place, shut-down and closure orders in response to COVID-19.
- In some jurisdictions, businesses can look to federal CISA...more
- Weakness in the United States recycling model has been exposed by dramatic action in Asia, prompting a flurry of legislative activity at the local, state and federal level.
- Proposals extend beyond food, beverage and...more
- The California Attorney General Office (AGO) issued revised proposed regulations (Version 2) regarding the California Consumer Privacy Act on February 7, 2020. The AGO will collect comments on the revised regulations until...more
2/21/2020
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Notice Requirements ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Policy ,
Proposed Regulation ,
Public Comment ,
Right to Delete ,
Right To Know ,
State Attorneys General
- A California district court has denied a preliminary injunction in a lawsuit brought by Uber and Postmates challenging the constitutionality of California’s new worker classification law, Assembly Bill 5 (“AB 5”), finding...more
2/12/2020
/ ABC Test ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Litigation ,
Equal Protection ,
Exempt-Employees ,
First Amendment ,
Fourteenth Amendment ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Likelihood of Success ,
Misclassification ,
Motor Carriers ,
Preemption ,
Preliminary Injunctions ,
Ridesharing ,
State Labor Laws ,
Trucking Industry
• The Draft Regulations introduced by the California Attorney General’s Office on October 10, 2019 are subject to a public comment period and public hearings that will close on December 6, 2019. Now is the time to act to try...more
10/29/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Proposed Regulation ,
Public Comment ,
Right to Delete ,
Right To Know ,
State Attorneys General
California Governor Gavin Newsom concluded the 2019 legislative session this month by signing into law a number of privacy bills that amend or build on the landmark California Consumer Privacy Act (CCPA). CCPA amendments were...more
Alastair Mactaggart, the real estate developer who led the push for the California Consumer Privacy Act (CCPA), is at it again. Mactaggart and his organization, Californians for Consumer Privacy, have submitted a new ballot...more
9/27/2019
/ Algorithms ,
Ballot Measures ,
California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Public Comment ,
State Agencies
• On September 10, 2019, the California State Legislature passed AB 5, which codifies the “ABC test” in Dynamex Ops. West Inc. v. Superior Court, 4 Cal. 5th 903 (2018), for determining whether a worker is an employee or an...more
9/13/2019
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Misclassification ,
Pending Legislation ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
As the privacy debate heats up on Capitol Hill, Rep. Anna Eshoo (D-CA), a senior member of the House Energy and Commerce Committee, and Rep. Zoe Lofgren (D-CA), a senior member of the House Judiciary Committee—both of Silicon...more
• May 31, 2019, was the deadline for the California Legislature to pass bills out of the chamber in which they were introduced. Several measures proposing amendments to the California Consumer Privacy Act (CCPA) passed the...more
6/5/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Amendments
• In his State of the State address, Governor Newsom proposed a “Data Dividend” that would apparently entitle Californians to compensation for the use of their data. If passed, it would be the first measure of its kind in the...more
2/20/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Use Policies ,
Data-Sharing ,
Dividends ,
Duty to Protect ,
Legislative Agendas ,
Personal Data ,
State of the State ,
Tax Revenues
The 2018 California Consumer Privacy Act (CCPA) requires the California Attorney General’s Office (AGO) to promulgate regulations related to the CCPA by July 1, 2020. The AGO is holding seven public forums and accepting...more
2/7/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Privacy Laws ,
Public Comment ,
Public Forum ,
Rulemaking Process ,
State Attorneys General
The 2018 California Consumer Privacy Act (CCPA) requires the California Attorney General’s Office (AGO) to promulgate regulations related to the CCPA by July 1, 2020. The AGO is holding a series of public forums and accepting...more
1/29/2019
/ Comment Period ,
Consumer Privacy Rights ,
Consumer Protection Act ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Non-Discrimination Rules ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Public Comment ,
Public Forum ,
Rulemaking Process ,
Safe Harbors ,
State Attorneys General
The 2018 California Consumer Privacy Act (CCPA) requires the California Attorney General’s Office (AGO) to promulgate regulations related to the CCPA by July 1, 2020. The AGO is holding a series of six public forums and...more
1/16/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Privacy Laws ,
Public Comment ,
Public Forum ,
Rulemaking Process ,
State Attorneys General
This week, Governor Brown signed into law various amendments to the 2018 California Consumer Privacy Act (CCPA) passed by the California Legislature at the end of August. We discussed those amendments in detail in an earlier...more
• The California Legislature passed SB 1121 to revise certain sections of the CCPA – the nation’s strictest privacy protection statute which provides Californians with a right to learn what personal information certain...more
9/10/2018
/ California Consumer Privacy Act (CCPA) ,
Civil Monetary Penalty ,
CMIA ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Enforcement ,
Exemptions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical Records ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Private Right of Action ,
Time Extensions
• California recently passed the landmark California Consumer Privacy Act that goes into effect in 2020, which grants California residents new privacy rights.
• The CCPA creates a private right of action for California...more
7/9/2018
/ Attorney General ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Rights ,
Data Security ,
Disclosure Requirements ,
Encryption ,
Enforcement Actions ,
Governor Brown ,
New Legislation ,
Notice Requirements ,
Opt-Outs ,
Penalties ,
Personal Data ,
Personally Identifiable Information ,
Private Right of Action ,
Right to Delete ,
Third-Party Service Provider ,
Transparency