• 09 2019 May

    Washington Strengthens Breach Notification Law

    On May 7, 2019, Governor Jay Inslee signed a bill (HB 1071) that strengthens the state’s existing data breach notification law by expanding the definition of “personal information” and reducing the time an entity has to...

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Recent Posts

Washington Strengthens Breach Notification Law

May 9, 2019 by Michelle Anderson, Armin Tadayon and Jason Wool

On May 7, 2019, Governor Jay Inslee signed a bill (HB 1071) that strengthens the state’s existing data breach notification law by expanding the definition of “personal information” and reducing the time an entity has to disclose a breach to consumers and the Attorney General from 45 to 30 days. These proposed amendments are consistent with...

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The Department of Health and Human Services (“HHS”) recently issued a Notification of Enforcement Discretion Regarding HIPAA Civil Money Penalties (“CMPs”) in which it lowered the maximum annual fines that can be assessed against covered entities and business associates under the Health Insurance Portability and Accountability Act (“HIPAA”) for lower-level categories of violations. The annual limit for...

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The Death Knell for Class Arbitration?

May 6, 2019 by Amanda Irwin and Jeff Landis

On April 24, 2019, the U.S. Supreme Court held in Lamps Plus v. Varela that under the Federal Arbitration Act (“FAA”), class arbitration is only permitted when explicitly provided for in arbitration agreements. The 5-4 decision written by Chief Justice Roberts, and joined by the conservative-leaning justices, overturned the Ninth Circuit’s ruling and conclusively established that...

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CCPA Amendments Advance Out of Committees

May 1, 2019 by Michelle Anderson and Marci Rozen

While many companies are struggling to make sense of the California Consumer Privacy Act (“CCPA”) (see our prior posts here and here) and roll out their CCPA compliance programs, the California Assembly Privacy and Consumer Protection Committee (“Privacy Committee”) and the Senate Judiciary Committee have advanced a number of bills that would amend various aspects of the...

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Law enforcement agencies are increasingly requesting that courts allow them to compel suspects to unlock electronic devices with their biometrics. As of yet, though, courts confronted with the question have come up with no unified answer whether they can do so. For example, earlier this year, as part of a search warrant application for a house...

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Online Platform Design Issues Lead to Certified False Advertising Class

Apr 24, 2019 by Nick Jackson and Armin Tadayon

A recent class certification decision in the Northern District of California highlights the importance of platform design. A group of hotel owners alleged that Expedia’s website provided false information about the availability of rooms at their hotels—and certified a class for injunctive relief. This case serves as a reminder to online operators about the potential legal...

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The Federal Trade Commission (FTC) has published a Notice of Proposed Rulemaking seeking industry feedback on a number of proposed changes to the Gramm-Leach-Bliley Act (“GLBA”) Safeguards Rule, many of which are drawn from the New York Department of Financial Services’ robust cybersecurity regulations. If implemented as proposed, the information security requirements applicable to financial institutions that...

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Our New York office has relocated. To get in touch with our New York team, please find their updated contact details below. Mailing Address:183 Madison Avenue, Suite 1504 New York, NY 10016 Phone: 646 362 5590 Email: staff@zwillgen.com...

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Our 2019 Kiawah Island Retreat

Apr 11, 2019 by ZwillGen

We traveled back to Kiawah Island for a weekend of warm weather, reflection, and fun. Our retreat featured plenty of brainstorming, the Z-Mazing Race, kayaking, painting, and unexpected (but much enjoyed!) karaoke. You can see photos from our retreat here....

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The SEC has issued a “Framework for ‘Investment Contract’ Analysis of Digital Assets” (the ‘Framework’) that provides the Division of Corporation Finance’s guidance on how to evaluate whether digital assets are “investment contracts,” which are a type of security. The SEC simultaneously issued a No Action Letter to TurnKey Jet, Inc. in which, applying the principles of...

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