COVID-19 Litigation Video Conference

Litigation in the Time of COVID-19

March 24, 2020 | 0 Comments

Just as the global health crisis is significantly altering our day-to-day lives, it is altering the nature and practice of litigation. Courts are closing their doors and limiting their dockets. Clients, firms and vendors have been forced to move their operations online or otherwise modify their services. And everyone is re-evaluating how to dedicate what are likely...

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UPDATE: Due to the COVID-19 pandemic, the FTC has extended the deadline to submit comments by sixty days. The original deadline was April 21, 2020. The new deadline is June 22, 2020. With the rise of influencer marketing, promotional social media content, and endorsed reviews, the Federal Trade Commission (“FTC”) has increased its enforcement and...

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We had long predicted that the CCPA’s introduction of statutory damages associated with certain data breaches would make California a popular venue for data breach class action lawsuits. Sure enough, litigants are now raising such claims in Barnes v. Hanna Andersson, a data breach litigation against children’s apparel company Hanna Andersson (“Hanna”) and its vendor, Salesforce. ...

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The California Attorney General released an update to its proposed California Consumer Privacy Act Regulations, and companies have until 5 pm PT on February 24 to submit comments on this updated draft. ...

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The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) has released a new report, entitled Cybersecurity and Resiliency Observations, which stands as their most detailed and comprehensive information security guidance to date. Companies supervised by OCIE may want to consider the report to be an information security “benchmark,” as it amounts to...

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Washington Privacy Act (WPA)

New Push for Washington’s Privacy Bill in 2020

January 30, 2020 | 0 Comments

Washington state may be leading the charge on privacy legislation in 2020. The state legislature introduced several privacy bills during the first week of its 2020 legislative session, including an updated version of the Washington Privacy Act (“WPA” or “Act”)—a comprehensive data protection framework modeled after the California Consumer Privacy Act (“CCPA”) and the European...

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On October 10, 2019, the California Attorney General issued its notice of proposed rulemaking containing its proposed CCPA Regulations. In many instances, the draft Regulations go beyond simply clarifying existing CCPA provisions and instead set forth new requirements that alter prior interpretations of the law.  This analysis highlights some of those provisions and expected next steps as...

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Key Takeaways: Subject data rights for employee data and business-to-business data were narrowed (for a year). The definition of personal information was clarified; the toll-free number requirement has an exception. The definition of sale remains unchanged.   The California legislative session is over and the nine-month effort to amend the California Consumer Privacy Act of 2018...

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In the highly-anticipated decision in the hiQ Labs v. LinkedIn case, the Ninth Circuit upheld the preliminary injunction against LinkedIn, prohibiting it from barring hiQ’s scraping of public profiles from its site. In so doing, the court held that the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”) is likely not violated by the...

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Following an extensive investigation, the Federal Trade Commission (“FTC”) announced a settlement with Google and its subsidiary YouTube for the largest-ever civil penalty for violations under the Children’s Online Privacy Protection Act (“COPPA”) – $136 million to the FTC and $34 million to the State of New York.  In its 2013 COPPA rulemaking, the Commission indicated that...

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