We said it earlier this month: With many state legislative sessions coming to an end, we were likely to see a push by states to finish up debates and votes on consumer privacy laws. Now you can count Montana (and Tennessee)...more
4/25/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
With the end of several state legislative sessions on the horizon, it is perhaps unsurprising that we are seeing an uptick in state legislatures passing consumer (or health) data privacy laws. You can now count Indiana among...more
As expected, the number of state consumer privacy laws continues to rise. Joining the ranks of California, Colorado, Connecticut, Utah and Virginia is now Iowa. On March 28, 2023, Iowa’s Governor signed the Iowa Data Privacy...more
In a country that is still struggling with an opioid epidemic, and where there are enough rules and laws regulating the dispensing of medication to fill a tome, it makes sense that medical providers across the nation are...more
4/4/2023
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Employees ,
Facial Recognition Technology ,
Fingerprints ,
Health Care Providers ,
Hospitals ,
Physicians ,
Policies and Procedures ,
Prescription Drugs ,
State and Local Government ,
State Privacy Laws
There has been a flurry of state privacy activity in the past week, with Colorado becoming the latest state to finalize sweeping data privacy rules and Iowa on the precipice of becoming the sixth state to enact comprehensive...more
During speeches earlier this month, Deputy Attorney General Lisa Monaco and Assistant Attorney General for the Criminal Division Kenneth A. Polite, Jr. announced significant changes to the way DOJ evaluates corporate...more
3/17/2023
/ Bonuses ,
Chief Compliance Officers ,
Clawbacks ,
Compliance ,
Continuing Legal Education ,
Corporate Misconduct ,
Data Collection ,
Data Privacy ,
Department of Justice (DOJ) ,
Electronic Communications ,
Electronic Devices ,
Enforcement Actions ,
Executive Compensation ,
Human Resources Professionals ,
Incentives ,
International Data Transfers ,
Noncompliance ,
Penalties ,
Pilot Programs ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
Webinars
In a recent non-binding opinion, EU regulators expressed timid positivity about the European Commission’s draft adequacy decision on the EU-US transatlantic data flows framework (Data Privacy Framework or DPF). While some...more
On February 2, 2023, the Illinois Supreme Court held that all causes of action brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/1 et seq., are subject to a five-year statute of limitations....more
We would not blame companies for feeling fatigued after the race to comply with the amended California Consumer Privacy Act (CCPA), the soon-to-be finalized CCPA regulations and the new Virginia Consumer Data Protection Act...more
On August 29, 2022, the Federal Trade Commission (FTC) filed a lawsuit against Kochava, Inc. alleging that Kochava engaged in unfair and deceptive practices by selling the “precise location information” of consumers. This...more
2022 has been a busy legislative year for privacy. Dozens of states considered consumer privacy bills, two states enacted privacy consumer bills and California released proposed California Consumer Privacy Act (CCPA)...more
8/30/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Continuing Legal Education ,
COPPA ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
New Legislation ,
Privacy Laws ,
Proposed Legislation ,
Proposed Regulation ,
Proposed Rules ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Webinars
With time running out in this US Congress, and with midterms around the corner, a bipartisan group of legislators is making what may be a last-gasp attempt at a federal privacy law compromise. On June 3, 2022, House Energy...more
On May 27, 2022, the California Privacy Protection Agency (CPPA) released draft regulations (though still not yet part of a formal rulemaking process) that include what would be seismic changes to California Privacy Rights...more
6/2/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personally Identifiable Information ,
Proposed Rules ,
State Privacy Laws
When the Biometric Information Privacy Act (BIPA) was enacted in 2008, the Illinois legislature sought to give consumers control of their own biometric data while still allowing room for the development and evolution of...more
A good 30(b)(6) can have a dramatic effect on a variety of litigation issues, from privilege issues to dispositive ones. Finding the “right” witness (or group of witnesses) who have the knowledge and skillset to be a good...more
California, Virginia and Colorado have new privacy laws coming into effect in 2023. But now is the time to start preparing your business or organization for compliance.
In this first video of our series, Partner David...more
Privacy Litigation Webinar Series Part 1 -
Our Global Privacy & Cybersecurity team will be hosting a monthly webinar series on key issues and developments in privacy litigation.
Confidentiality is a fundamental...more
1/12/2022
/ Attorney-Client Privilege ,
Best Practices ,
Confidential Information ,
Continuing Legal Education ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Evidence ,
Privacy Laws ,
Privileged Communication ,
Webinars
Since California enacted the California Consumer Privacy Act (CCPA) there’s been a new version of keeping up with the Joneses – and it’s happening in state capitals across the United States. As the federal government takes a...more
10/13/2021
/ California Privacy Rights Act (CPRA) ,
CDPA ,
Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
New Legislation ,
Pending Legislation ,
Privacy Laws ,
Proposed Legislation ,
State Privacy Laws ,
Webinars
The Information Technology Laboratory (ITL) at the National Institute of Standards and Technology (NIST) recently issued a Ransomware Profile identifying steps organizations can take to prevent, respond to and recover from...more
9/24/2021
/ Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Loss Prevention ,
Data Privacy ,
Data Protection ,
Data Security ,
NIST ,
Popular ,
Ransomware ,
Risk Management
On September 17, 2021, a panel of the Illinois Appellate Court for the First District issued a significant decision on the question of which statute of limitations apply to claims under the Illinois Biometric Information...more
9/22/2021
/ Appeals ,
Appellate Briefs ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Data Security ,
Illinois ,
Informed Consent ,
Rules of Civil Procedure ,
Statute of Limitations