Recent Posts

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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New EU Cookie Consent Recommendation from Advocate General

Apr 5, 2019 by Michelle Anderson, Devron Brown and Mason Weisz

On March 21, 2019, Advocate General Maciej Szpunar (“Advocate General” or “AG”) of the Court of Justice of the European Union (“CJEU”) issued an opinion in which he recommended that the Court rule that pre-checked boxes do not constitute consent and that consent is required to use cookies for certain purposes, even if the information they store...

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Utah has become the first state to legislatively dictate that law enforcement must obtain a warrant based on probable cause before forcing internet service providers to turn over users’ content, location information, and other records stored by them. The law, passed unanimously by the Utah Legislature and signed by Governor Gary Herbert last week, adds to an...

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In announcing the largest fine ever issued by the FTC for COPPA violations, the FTC also signaled a potential shift in the breadth of COPPA applicability—shedding light on factors that might make an app with a large user base appeal to children and for the first time enforcing the position that if “your service targets...

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The European Commission has recalled a German-made smartwatch for children due to privacy concerns. The recall from the European market was made through the Safety Gate Rapid Alert System (“RAPEX”), which was created to facilitate the exchange of information between European countries and the European Commission concerning dangerous non-food products posing a risk to the...

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Keeping a Finger on BIPA

Feb 5, 2019 by Kandi Parsons and Armin Tadayon

On January 25, 2019, the Illinois Supreme Court unanimously ruled that infringement of a right afforded under the state’s Biometric Information Privacy Act (“BIPA”), even absent harm, is sufficient for a plaintiff to allege a violation of the law. The Court found the legislature provided for liability under BIPA for a statutory violation and that...

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2018 State Privacy & Security Laws – A Year in Review

Jan 24, 2019 by Michelle Anderson and Amanda Irwin

Overview of 2018 2018 was a watershed year for state privacy and security laws, with several states passing legislation in these areas. The most significant development was the enactment of the California Consumer Privacy Act (“CCPA”), the most expansive general privacy law in the United States to date. However, the year brought other notable legislation...

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As the current shutdown of the federal government passed the one-month mark, the strain on workers affected by the shutdown is reaching a crisis level. The severe financial impact on the country has been reported, but the human impact of the shutdown is equally devastating for individuals and families. Thousands of federal workers remain furloughed,...

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At the beginning of year, House and Senate members of Colorado’s General Assembly introduced the Colorado Digital Token Act (“CDTA”). The bill exempts digital token issuers who market tokens primarily for consumptive purposes (e.g., to purchase goods and services from the seller) from most state securities registration requirements. If passed, the CDTA would result in...

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DOJ Reverses Course on the Wire Act

Jan 16, 2019 by Zach Lerner, Jake Sommer and Marc Zwillinger

In a surprisingly result-oriented analysis, the Department of Justice (“DOJ”) has reversed its view on the scope of the Wire Act, declaring that the Wire Act is not limited to sports gambling. The opinion authored by the Office of Legal Counsel, (dated November 2, 2018 and made public earlier this week) reverses the better-reasoned conclusion...

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