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EEOC Issues Guidance On Antibody Testing In The Workplace

In late-March and April 2020, the Equal Employment Opportunity Commission (EEOC) released guidance addressing various questions with answers concerning COVID-19 and related workplace disability-related issues under the...more

Vermont Updates Its Data Breach Notification Law

As the COVID-19 pandemic presses on, privacy and security matters continue to be at the forefront for federal and state legislature. We recently reported that Washington D.C. updated its data breach notification law. Now, the...more

Examples Of COVID19 Screening, Social Distancing, And Contact Tracing Technologies And Related Legal And Practical Issues

As organizations work feverishly to return to business in many areas of the country, they are mobilizing to meet the myriad of challenges for providing safe environments for their workers, customers, students, patients, and...more

U.S. Supreme Court Will Finally Weigh In On Scope Of Computer Fraud And Abuse Act

The U.S. Supreme Court has agreed to decide whether it is a violation of the Computer Fraud and Abuse Act (CFAA) when an individual who is authorized to access information on a computer accesses the same information for an...more

FCC’s Declaratory Ruling On The TCPA’s “Emergency Purposes” Exception During COVID-19: Does It apply To Workplace Correspondence?

The Telephone Consumer Protection Act (“TCPA”) generally prohibits the use of automated dialing equipment or prerecorded voice messages to make calls, send text messages, or send faxes absent prior consent of the called...more

Washington State Considers Consumer Privacy Bill With Controversial Enforcement Provision

Never a dull moment for consumer privacy law, as we get deeper into 2020. With the California Consumer Privacy Act (“CCPA”) in full effect, states across the nation are scrambling to develop their own version of this...more

Class Action Trends Report Winter 2020

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers using data analytics, including the following...more

California AG Urges Congress Not To Preempt The CCPA

Earlier this month, California Attorney General (“AG”) Xavier Becerra sent a letter to several members of U.S. Congress, providing an update on the implementation of the newly effective California Consumer Privacy Act (CCPA),...more

New York SHIELD Act FAQs

Over the past few months, businesses across the country have been focused on the California Consumer Privacy Act (CCPA) which dramatically expands privacy rights for California residents and provides a strong incentive for...more

Two More Significant Rulings For TCPA Litigation – Eleventh And Seventh Circuits Narrowly Interpret ATDS

In back-to-back decisions bound to have significant impact on Telephone Consumer Protection Act (TCPA) class action litigation, the Eleventh and Seventh Circuit Courts recently reached similar conclusions, narrowly holding...more

The Supreme Court And The Future Of The TCPA

In a decision that may have significant impact on businesses that face Telephone Consumer Protect Act (“TCPA”) related class action litigation, the Supreme Court recently accepted certiorari of a petition to rule on the...more

CA Attorney General Updates CCPA Proposed Regulations

Many businesses and their service providers have been awaiting final guidance from the California Attorney General concerning the California Consumer Privacy Act (CCPA). When news came last Friday of a regulatory update...more

CCPA Data Breach Class Action Litigation Begins

As reported by Bloomberg Law, data breach class action litigation has begun under the California Consumer Privacy Act (CCPA). Filed in the Northern District of California, San Francisco Division, a putative class action...more

Privacy & Cybersecurity Issues To Watch In 2020

2020 may very well be the most impactful year for data privacy and cybersecurity in the United States. In honor of Data Privacy Day, we discuss some of the reasons why that may be the case. In short, as privacy and...more

Combating Improper Robocalls: The TRACED Act Signed Into Law

In the final days of 2019, the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED Act”) was signed into law to combat the increasing number of illegal robocall practices and other intentional violations...more

The Case That Sparked The CCPA Gets An FTC Final Order

Recently, the U.S. Federal Trade Commission issued an important opinion, concluding that Cambridge Analytica, LLC, the data analytics and consulting company, engaged in “deceptive practices to harvest personal information” of...more

FCC Rules Online Faxes Are TCPA Exempt

The Telephone Consumer Protect Act (“TCPA”) has seen lots of action in 2019, and in the final days of the year the Federal Communications Commission (“FCC”) issued a significant ruling concluding that “online fax services”...more

12/20/2019  /  Advertising , Faxes , FCC , TCPA , Unsolicited Faxes

Class Action Trends Report Fall 2019

Our quarterly report takes a look back at the most significant class action developments over the last year, including litigation trends, court decisions, and legislative and regulatory changes that are certain to invite...more

CCPA Update: AG Announces Proposed Regulations, Governor Signs Amendments Into Law

Lots of action for the California Consumer Privacy Act (CCPA) in the last few days! After much anticipation, on October 10th, 2019, California Attorney General Xavier Becerra (“the AG”) announced the Proposed Regulations for...more

Celebrate National Cybersecurity Awareness Month With CCPA FAQs!

October is National Cybersecurity Awareness Month (NCSAM)! NCSAM is an annual event designed by the U.S. Department of Homeland Security (DHS) and co-led by the Cybersecurity and Infrastructure Security Agency (CISA) and...more

California Consumer Privacy Act FAQs For Covered Businesses

Set to take effect January 1, 2020, the California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, places limitations on the collection and sale of a consumer’s personal...more

Nevada Opts Out Before California: A Reminder To Review Website Privacy Statements

The California Consumer Privacy Act takes effect January 1, 2020. Businesses within the scope of the CCPA are taking steps to prepare, including drafting notices to inform California consumers of their right to opt out of the...more

Class Action Trends Report Summer 2019

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: •California Consumer Privacy...more

CCPA Amendments Updated, Finalized, And Moving On To Governor Newsom

The California Consumer Privacy Act is almost here! The groundbreaking law takes effect January 1, 2020. Covered businesses and their service providers have already started preparing, as the CCPA continues to evolve since it...more

Eleventh Circuit Ruling May Impact TCPA Class Actions

Last week, the Eleventh Circuit ruled that a single unsolicited text message doesn’t meet the harm requirement necessary to proceed with a Telephone Consumer Protection Act (TCPA) claim. The Eleventh Circuit ruling, Salcedo...more

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