James G. Snell Partner

One of the most litigated state telemarketing laws in the country has been significantly pared down.

Crafting an appropriate AUP for generative AI is a process that requires careful consideration and collaboration across multiple departments. Each policy will be different, reflecting the company’s business needs and culture, the nature of the intended uses of such tools, and the company’s level of risk tolerance in light of its industry and the applicable evolving legal and regulatory landscape.

The Federal Trade Commission recently announced a notice of proposed rulemaking to expand its Negative Option Rule to apply to all recurring subscription programs.

The California Privacy Protection Agency (CPPA) released a statement on March 30, 2023, announcing that the California Office of Administrative Law (OAL) had approved the first substantive rulemaking package for the California Consumer Privacy Act (CCPA), amended by the California Privacy Rights Act (CPRA).

This Update discusses a spate of recent class action lawsuits asserting claims under the Video Protection Privacy Act.

The Board of the California Privacy Protection Agency (CPPA) approved a rulemaking package covering Sections 7000–7304 of their draft regulations on February 3, 2023.

Last week, the Consumer Privacy Protection Agency (Agency) Board rounded out the first half of 2022 by releasing draft California Privacy Rights Act (CPRA) regulations. This first set of CPRA regulations focus on updating existing California Consumer Privacy Act (CCPA) regulations to account for the new provisions of the CPRA and addressing specific areas such as Agency audits and enforcement.

Perkins Coie is pleased to announce the launch of our second annual report California Consumer Privacy Act Litigation Year in Review. The California Consumer Privacy Act (CCPA) became effective on January 1, 2020, and regulates any “business” that does business in California.

To most people, the word "wiretap" summons images of detectives with bulky headphones listening in on mobsters' phone calls.

In Facebook, Inc. v. Duguid et al., the U.S. Supreme Court provided some clarity that stakeholders have been awaiting since 2015 by adopting a narrower interpretation of the term “autodialer” for purposes of the Telecommunications Consumer Protection Act (TCPA). The Court reversed an expansive interpretation of “autodialer” adopted by the U.S. Court of Appeals for the Ninth Circuit that the Court noted would have prohibited many commonplace uses of cell phones by consumers. The Court found that for a dialing system to constitute an autodialer, it must have the capacity to either store or produce a telephone number using a random or sequential number generator. This narrower interpretation comes as a relief to a broad range of businesses and nonprofit organizations, among others, that believed the Ninth Circuit’s broad interpretation unfairly ensnared legitimate communications practices that did not harm consumers.

It’s a new year and it looks like 2021 is going to be another eventful one for privacy. In the past few weeks, we’ve seen several states introduce new privacy legislation, including Washington, New York, and Minnesota.

In this two-part Insight series, James Snell, Marina Gatto, Zachary Watterson, Nathan Duletzke and Kayla Lindgren, of Perkins Cole LLP, provide an overview of the evolution of consumer privacy legislation in 2020, including a recap of the bills that failed, and an overview of the privacy-related bills that remain pending.

In this first part of a two-part series, they outline and analyse state consumer protection and contact tracing bills in New York and California, whilst Part 2 focuses on the same categories of legislation in other U.S. states.

As scraping and crawling of websites becomes more ubiquitous, courts continue to struggle with where to draw the lines regarding what is permissible. This can be a highly fact-intensive inquiry, but a recent case before the U.S. District Court for the District of Columbia provides some important takeaways.

Hundreds of COVID-19-related class action claims have been filed in state and federal courts throughout the country.

The California Consumer Privacy Act (CCPA) went into effect over five months ago, on January 1, 2020. Although enforcement by the California attorney general cannot begin until July 1, private plaintiffs have been bringing claims under the law’s limited private right of action since before the beginning of the year.

Although many businesses are finding themselves in new and challenging times due to the impacts of COVID-19 and the related shelter-in-place orders, it is important to keep in mind that compliance with applicable privacy laws is still required, and attorney general enforcement of California’s newest privacy law is on the horizon and set to begin July 1, 2020. In this article we provide insight on what is required of businesses subject to the CCPA, what trends we have seen in CCPA-related litigation thus far, and the impending enforcement of the CCPA by the California attorney general. Read more.

The California Consumer Privacy Act (CCPA) went into effect three months ago, on January 1, 2020. Although enforcement by the California attorney general cannot begin until July 1, private plaintiffs have been able to bring claims under the law’s limited private right of action since the beginning of the year.

On 10 October 2019, after much anticipation, the California Attorney General, Xavier Becerra, held a press conference and announced the release of proposed regulations, intended to further the purposes of the California Consumer Privacy Act of 2018 (CCPA).

This article was republished in the November 2019 issue of Data Protection Leader.

While 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.

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”).

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.

Beyond preparing for this year’s holiday rush, retailers around the country have started thinking about potential changes to their operations in response to California’s sweeping new consumer privacy law.

On 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.

Marc Martin, James Snell and Debra Bernard authored the article, "A Closer Look At Long-Awaited D.C. Circ. Robocall Ruling," on Law360 regarding the long-awaited decision in ACA International v. Federal Communications Commission.

Last Friday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued its long-awaited decision in ACA International v. Federal Communications Commission, No. 15-1211 (D.C. Cir. Mar. 16, 2018).

In “Internet of Things: On the Cusp of a Litigation Explosion,” published by Westlaw Journal Intellectual Property, Jim and Christian outline how connected devices can attract litigation because they have many attributes that allow a variety of legal claims to be asserted against their designers, manufacturers or sellers and how parties to these claims can assess risk related to potential IoT claims in advance.

From fashion clothing in the mail to gym memberships to monthly mobile app subscriptions, the subscription-based business model is everywhere and here to stay.

This update has been republished in California Lawyer on 12.04.2014, "Auto-Renewal Update."

“Worth The Hassel,” by Jim Snell and Nicola Menaldo, was published in Corporate Counsel regarding the case, Hassel v. Bird, in which the court of appeals decided to allow the plaintiff to use a default judgment against one party to obtain an order to compel a completely separate entity— online service provider Yelp — to remove from the Internet speech that the plaintiff did not like, without any notice to Yelp or an opportunity to be heard.

The National Highway Traffic Safety Administration (NHTSA) has issued a comprehensive policy on “automated vehicles,” more commonly known as self-driving cars.

This year brought a wave of class action complaints alleging that national retailers are violating the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 et seq., by including certain provisions in their online terms and other consumer-facing notices and agreements.

Perkins Coie’s Privacy & Security and Class Action Defense groups defend Telephone Consumer Protection Act (TCPA) cases throughout the country. This newsletter provides updates on litigation and regulatory developments regarding the Telephone Consumer Protection Act (TCPA).   View the full newsletter.

The legal landscape surrounding the legitimacy of web scraping continues to evolve. James Snell and Nicola Menaldo revisit their prior analysis, discussing how two recent cases have found in favor of scrapers in non-competitive situations. Click here to read the full article.

In a 6-2 decision, the Supreme Court held that the mere allegation of a statutory violation is not necessarily enough to create Article III standing.

In last Friday’s long-awaited TCPA Omnibus Declaratory Ruling and Order (Order), the Federal Communications Commission (FCC or Commission) may have dramatically altered the landscape for TCPA class action defense.

'Virtual Summit: The California AG Is Ready for CCPA Enforcement - Are You?' Recap.

Has COVID-19 delayed CCPA Compliance? Listen as a panel of leaders share their top tips to get your company ready before enforcement begins in July 2020.

Panel discussion of recent developments in IP, Employment and Privacy Law. 

Perkins Coie’s CCPA Week
This webinar will address enforcement risks under the CCPA, and how to manage compliance obligations to minimize litigation risk. Our speakers are class action litigators actively consulting clients in CCPA compliance. The topics will include, among other things, a discussion about the various enforcement mechanisms, notice and operational strategies to minimize risk, third party contracts, and exceptions and defenses to CCPA claims.

For all of its benefits, AI also poses a wide range of legal and ethical risks. Our interdisciplinary team of AI, Machine Learning and Robotics practice attorneys discussed these issues in a series of webinars that will help you understand the business benefits and regulatory risks associated with enterprise AI integration and deployment.