No Password Required: Director and Cybersecurity Adviser at KPMG and Rain Culture Authority
No Password Required: Founder and Commissioner of the US Cyber Games, CEO of the Cyber Marketing Firm Katzcy, and Someone Who Values Perseverance Over Perfection
Biometric Litigation
Founder of Cyber Security Unity, Member of the Order of the British Empire, and Appreciator of '80s Soap Operas
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
No Password Required: The Custom T-Shirt-Wearing CEO Who Not Only Appreciates Mega Man ... He Basically Is One
Hybrid Workforces and Compliance with Sheila Limmroth
Legislating Data Privacy Series: A Conversation with Massachusetts Representatives Dave Rogers and Andy Vargas
State Law Privacy Video Series | Privacy and Sensitive Information
Podcast: BIPA Trends in 2022
State Law Privacy Video Series | Applicability
Getting Personal—Wearable Devices, Data, and Compliance
Episode 8: Why brokers, not breaches, are America's greatest privacy threat (with Rob Shavell)
NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler
Inside Privacy Law: The Regulation of Personal Data
NGE On Demand: Cybersecurity Considerations for Emerging Companies with Michael Gray and David Wheeler
Oklahoma: Changing Data Privacy as We Know It?
The Convergence of AI and Data Privacy in eDiscovery: Using AI and Analytics to Identify Personal Information
Reducing Cybersecurity Burdens with a Customized Data Breach Workflow
Sitting with the C-Suite: Looking Ahead to Potential Compliance Issues Due to COVID-19
Courts across the country are becoming skeptical of data breach and web tracking claims that assert theoretical privacy violations without alleging any actual injury to the plaintiffs. Recent decisions underscore that courts...more
With the advent of a new year comes a new set of consumer data privacy laws in the United States. Five new state data privacy laws go into effect in January 2025, with additional laws coming throughout 2025 and into 2026....more
First passed into law in 2018, the California Consumer Privacy Act (CCPA) received its first major update in 2020 by way of the California Privacy Rights Act (CPRA), through which the California Privacy Protection Agency...more
Repurposing old laws to challenge new technologies has become the new normal in the privacy space. Plaintiffs continue to bring a kaleidoscope of privacy claims against companies in the tech age, reviving laws like the...more
Keypoint: While the act does not include many provisions found in the more recent consumer data privacy laws, it would expand privacy notice obligations in one significant way although the applicability and scope of that...more
U.S.-based multinationals with employees in the People’s Republic of China (PRC) are confronting a November 30 deadline to implement China’s new cross-border data transfer mechanism—the Standard Contract. This implementation...more
This year has seen some substantial new data breach settlements including a $500,000 Federal Trade Commission (FTC) fine against CafePress, a $1.25 million multi-state class action settlement and $5 million New York...more
In a first of its kind trial, a defendant accused of negligently responding to a data breach was cleared of all liability by a jury last month. After two hours of deliberation, the jury rejected plaintiff’s claim that the...more
As the world emerged from lockdown, it should come as no surprise that cybersecurity and data privacy remained dominant topics in the media and legal industry. Some of 2021 was much like 2020 – ransomware attacks continued to...more
The California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, went into effect on January 1, 2020. The CCPA placed significant limitations on the collection and sale of a...more
When the DSL goes into effect on September 1, 2021, it will impose certain restrictions on a company's ability to transfer data out of China without the prior approval of Chinese authorities. One significant restriction is...more
The Ministry of Service Alberta is seeking public input on the province's statutory privacy protections. This follows Ontario's recent gesture to modernize its privacy framework and request feedback, which we discussed in...more
On April 30, 2021, the Government of Ontario introduced Building a Digital Ontario, the province's new digital and data strategy, which lays the foundation for Ontario to become "the world's leading digital jurisdiction."...more
Many employers are facing growing problems with identity theft in a new way: data is being used to file false claims including requests for job service benefits and SBA loans through the PPP, among others. To address this...more
Consistent with a growing national trend, Virginia joined California in recently passing consumer privacy legislation with broad national reach. Both the Virginia Consumer Data Protection Act ...more
A recent decision of the U.S. District Court for the District of Columbia further erodes a defendant’s claim of privilege with respect to expert reports related to data breaches. However, it also provides important...more
Google has recently been named in three lawsuits that challenge how it collects users' personal information and whether users can opt out of the collection. Each of these cases raises important issues relating to notice and...more
While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more
Schrems II may force companies obligated to produce EU personal data to the task of determining whether to comply with US discovery obligation rules that risk fines under the GDPR for illegal data transfers or to defy the US...more
In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more
Takeaway: Data breach cases often turn on whether the threat of future identity theft suffices to establish Article III standing. In yet another data breach case, In re Brinker Data Incident Litig., 3:18-CV-686-J-32MCR,...more
Data privacy compliance emerged as a top-tier issue for businesses across the globe with the implementation of new laws with broad scope and sweeping coverage, including the EU’s General Data Protection Regulation (GDPR),...more
Well before the California Attorney General’s power to enforce the California Consumer Privacy Act (CCPA) commenced on July 1, 2020, as we have recently reported, private plaintiffs had already jumped into the fray, suing...more
In a recent decision, a Virginia federal magistrate judge held that the attorney work product doctrine did not protect from discovery a forensic investigation report created for Capital One in the wake of a 2019 data breach....more
While the United States largely hit the brakes as of March in the wake of the COVID-19 crisis, California Attorney General Xavier Becerra made clear his intentions to begin enforcement of the Act on July 1, 2020, as...more