Companies marketing to consumers rely on our attorneys’ deep experience to help them comply with legal requirements, self-regulatory rules adopted by industry bodies, and best practices. Our attorneys represent companies in actions asserting violations of the Telephone Consumer Protection Act (TCPA) and wiretapping laws, and counsel businesses on establishing marketing programs and campaigns to minimize risk of claims under those laws, as well as email marketing laws such as the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM).
Publications
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11.13.2023The New Health Privacy Landscape—Out of the Frying Pan and Into the FireUpdatesJust a few years ago, the legal landscape governing health-related personal information was relatively simple: Protected Health Information was regulated under HIPAA. Today, by contrast, the privacy of health-related personal information is under close scrutiny by the FTC, the U.S. Department of Health and Human Services’ Office for Civil Rights and state regulators.
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10.25.2023Federal Legislation Seeks To Change Online Child Safety Reporting Obligations and Impose Content Safety ObligationsUpdatesA significant number of federal legislative proposals that focus on online child safety have been introduced. If enacted, they would modify online providers’ obligations to remove and report child sexual exploitation content, as well as require providers to implement notice and takedown mechanisms for certain CSE content.
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03.28.2023Be Kind, Don’t Rewind: The VPPA’s Reemergence in Privacy Class-Action LitigationUpdatesThis Update discusses a spate of recent class action lawsuits asserting claims under the Video Protection Privacy Act.
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07.23.2021Biometric Privacy Rules Come to NYCArticlesNew York City’s ordinance could be the beginning of a trend, or simple an outlier, but one that every business in the city should be aware of.
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07.08.2021Colorado Becomes the Third US State to Enact Comprehensive Privacy LegislationUpdatesColorado Governor Jared Polis signed the Colorado Privacy Act (CPA) into law on July 7, 2021, making it the third comprehensive state privacy law enacted in the United States.
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05.12.2020Cameras, Temperatures, and Apps Oh My! COVID-19 Checklist for Commercial Landlords and TenantsUpdatesToday commercial landlords and tenants are preparing to safeguard their employees and customers from Covid-19 risks.
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10.30.2019The Proposed CCPA Regulations Impose New ObligationsUpdatesThe California Attorney General’s Office released for public comment the long-awaited proposed regulations for the California Consumer Privacy Act (CCPA) on October 10, 2019.
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10.16.2019New California Ballot Initiative Contemplates Stricter Privacy RequirementsUpdatesA new California privacy ballot initiative has been introduced by real estate developer and privacy rights advocate, Alastair Mactaggart.
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09.20.2019CCPA Amendments Provide Important ClarificationUpdatesWhile privacy laws are proliferating globally, the California Consumer Privacy Act (the CCPA) is California’s comprehensive and landmark legislation that seeks to give California consumers expanded rights to learn about and control certain aspects of how a business handles “personal information” collected about its consumers.
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02.27.2019CCPA 12-Month Compliance Series Part 2: Know Your Data
Privacy Quick Tips
To comply with the CCPA, you need to know your data. You need to know what personal information you collect, where it is collected and stored, and whether, to whom, and for what purpose, it is shared or sold. And to know your data, you need to conduct a thorough data inventory. -
2.13.2019Incident Response: Have a Plan
Privacy Quick Tips
For any company handling personal information (PI), an incident involving unauthorized access of the PI may be a question of when and not if. The question then becomes: what does the company need to do? -
02.06.2019Privacy by Design Is Good Business…and the Law
Privacy Quick Tips
Recent privacy laws and standards promote, and in some cases require, privacy by design. Simply put, companies are to incorporate privacy principles in and throughout all its products and services. -
01.23.2019Federal Privacy Bills Introduced
Privacy Quick Tips
With the states taking the lead on privacy (see our tip here), the federal government is starting to get in on the action.
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01.17.2019California AG Hosts the First Two Public Forums on California Consumer Privacy Act
Privacy Quick Tips
The California Office of the Attorney General (“OAG” or “Office”) held the first two of its six public hearings on January 8, 2019 in San Francisco and on January 14, 2018 in San Diego to solicit public comments and feedback in preparation for its rulemaking efforts under the California Consumer Privacy Act (“CCPA”). -
01.02.2019Google Defeats Biometric Privacy Lawsuit on Article III Standing GroundsUpdatesGoogle won summary judgment in Rivera v. Google, a privacy class action alleging violations of the Illinois Biometric Information Privacy Act (BIPA). The case involved “face grouping,” a feature that enables Google Photos to automatically sort and group the photographs in a user’s private account, based on visual similarities between the images of faces in the photos. The court held that any alleged collection of “biometric information” or “biometric identifiers” stemming from this feature did not cause an injury-in-fact sufficient to confer Article III standing. This update summarizes the decision, which may be relevant to clients involved with biometric technology, as well as other clients facing litigation where a no-injury defense may be applicable.
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12.18.2018Is Your Business Prepared for Holiday Hacking?
Privacy Quick Tips
There is often an upsurge in hacking and online scams during the holidays, and businesses are not always prepared to respond. This tip includes five key steps you can take immediately to protect and defend against breaches. -
11.28.2018Should You Provide a Short Form Privacy Notice?
Privacy Quick Tips
Privacy policies are meant for a host of audiences, including consumers, regulators and advocates. One way to make your privacy policy more accessible to consumers is to include a short form privacy notice at the start of a policy. -
11.20.2018CCPA’s Independent Business Obligations
Privacy Quick Tips
The CCPA creates eight consumer rights, eight corresponding business obligations and three independent business obligations. -
11.07.2018Canada’s New Breach Regulations
Privacy Quick Tips
Are you collecting, using or disclosing personal information (PI) of Canadian residents in the course of commercial activities? If so, you may be subject to Canada’s Breach of Security Safeguards Regulations (Regulations), under Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). -
10.12.2018French Data Protection Authority Issues Guidance on Application of Blockchain to the GDPRUpdatesOn September 24, 2018, the French data protection authority, Commission Nationale de l’Informatique et des Libertés (CNIL), became the first data protection authority to issue written guidance on the intersection of the use of blockchain technology and the General Data Protection Regulation (GDPR).
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10.11.2018Update for Financial Institutions Regarding the California Consumer Privacy Act—This New Law May Apply to You
Privacy Quick Tips
Does your company handle data analytics to target California consumers? If so, it is imperative that you pay close attention to the California Consumer Privacy Act (CCPA) that goes into effect on January 1, 2020. The CCPA goes well beyond the General Data Protection Regulation (GDPR); however, if you’ve achieved compliance with the GDPR, you are well on your way to achieving CCPA compliance. -
06.29.2018California Consumer Privacy Act of 2018 Brings Some GDPR Aspects StatesideUpdatesOn June 28, 2018, California adopted the strictest general privacy and data security law in the country, called the “California Consumer Privacy Act” (codified in Assembly Bill 375), which will come into effect on January 1, 2020.
Presentations
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06.07.2023Demystifying Washington State’s My Health, My Data ActWebinarsThe recently enacted My Health, My Data Act (MHMD) will regulate the collection, use, sharing, analysis, and sale of health-related data of individuals in Washington state and beyond.
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06.16.2021CCPA Year-In-Review Ad Tech Executive RoundtableWebinarsCalifornia was the first state in the country to provide a private cause of action to consumers whose sensitive personal information was exposed by data breaches.
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10.08.2020Hot Topics and Legal Trends in AI and AdvertisingWebinarsCustomers today expect services and products to be personalized and relevant, which makes AI and machine learning in advertising even more important.
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06.11.2020Webinar: COVID-19 Testing in the WorkplaceWebinarsOn this webinar we delved into the complicated legal issues surrounding COVID-19 testing in the workplace. As companies consider on-site testing as one tool to safeguard their employees and customers from COVID-19 risks, a variety of legal risks need to be addressed.
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05.16.2019Data Protection and Security Risk Management: A Corporate Counsel GuideSpeaking EngagementsPanelist
Annual Chapter Conference
ACC Wisconsin/ Elkhart Lake, WI
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05.10.2019Advanced Attacks in CybersecuritySpeaking EngagementsModerator
TiEcon 2019
TiE Silicon Valley / Santa Clara, CA -
04.28.2017Trends in Data Breach LitigationSpeaking EngagementsClass Action Conference / Seattle, AZ