Privacy Counsel

Businesses defending class actions under the Illinois Biometric Information Privacy Act (BIPA) have struggled to defeat claims in recent years, as courts have rejected a succession of defenses.

Headlines that Matter for Privacy and Data Security.

According to a recent unpublished Ninth Circuit ruling, obtaining consent prior to using recording technologies is required for purposes of the California Invasion of Privacy Act (CIPA). This ruling is notable for website operators as it signals obtaining targeted consent.

Headlines that Matter for Privacy and Data Security.

Five new state omnibus privacy laws have been passed and will go into effect in 2023. 
Organizations should review their privacy practices and prepare for compliance with these new privacy laws.

The Federal Trade Commission (FTC) recently cracked down on Lithionics Battery, LLC, and Lions Not Sheep Products, LLC, for violating the FTC’s Made in USA Labeling Rule. These are some of the first enforcement actions after the FTC codified its longstanding informal Made in USA guidance.

Headlines that Matter for Privacy and Data Security.

As more states enact their own privacy laws, members of the privacy community and those impacted by privacy legislation continue to push for uniformity. The American Data Privacy and Protection Act (ADPPA) addresses this growing concern by drafting a uniform national data privacy framework.

The California Privacy Protection Agency (CPPA) published California Privacy Rights Act (CPRA) proposed regulations (Regulations) on May 27, 2022. The Regulations provide helpful insight into the CPPA’s vision for the CPRA and help to better prepare businesses.

The Federal Trade Commission (FTC) and Department of Justice (DOJ) recently ordered Twitter to pay $150 million for violating a 2011 FTC order that prohibited the company from misrepresenting its privacy and data security practices.

Headlines that Matter for Privacy and Data Security.

As technology becomes increasingly a part of student learning, education technology (ed tech) companies, parents, and educators should stay abreast of children’s privacy rights under the Children’s Online Privacy Protection Act (COPPA).

Headlines that Matter for Privacy and Data Security

Headlines that Matter for Privacy and Data Security

Over half a decade after the industry developed its own standards in light of a lack of meaningful guidance from regulators, the Department of Justice recently issued a guidance document on compliance with the Americans with Disabilities Act (ADA) for website accessibility.

The European Union (EU) and the United States (US) government have now reached an agreement in principle for a “Privacy Shield 2.0” to replace the original Privacy Shield Framework that was invalidated under the Schrems II decision in July 2020.

As more and more companies are developing and/or utilizing artificial intelligence (AI), it is important to consider risk management and best practices to address issues like bias in AI. The National Institute of Standards and Technology recently released a draft of its AI Risk Management Framework.

Headlines that Matter for Privacy and Data Security.

Headlines that Matter for Privacy and Data Security

The California Attorney General sent a sweep of notices to businesses with loyalty programs alleging noncompliance with the California Consumer Privacy Act.  

Effective January 1, 2022, California Senate Bill 41, the Genetic Information Privacy Act (GIPA), imposes requirements on the collection, use, and disclosure of genetic data collected or derived from direct-to-consumer genetic testing products and services.

Headlines that Matter for Privacy and Data Security