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Publications
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02.08.2024CT Attorney General Highlights Key Areas of Enforcement, Suggests Legislative ChangesUpdatesThe Connecticut Data Privacy Act requires the Attorney General’s Office to issue a privacy report no later than February 1, 2024, including (1) the number of notices of violation the attorney general has issued; (2) the nature of each violation; (3) the number of violations cured; and (4) any other matter the attorney general deems relevant.
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09.26.2023A Potential Look Into the Future: California Issues First Draft of Cybersecurity Audit and Risk Assessment RegulationsUpdatesThe Board of the California Privacy Protection Agency held its first meeting since July on Friday, September 8, 2023, and discussed the first public draft of cybersecurity audit regulations and risk assessment regulations. While the CPPA Board expressly announced that the drafts were for board meeting discussion purposes and has not started the formal rulemaking procedures yet, the first public drafts of the regulations provide a roadmap for where the CPPA Board may likely go, and the draft regulations would impose new and detailed compliance requirements.
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08.21.2023FTC’s COPPA Enforcement Action Provides Lessons for Edtech ProvidersUpdatesIn the education space, the Federal Trade Commission (FTC) announced an enforcement order against edtech company Edmodo, who it alleged to have violated the Children’s Online Privacy Protection Act (COPPA). Edmodo, a business-to-consumer (B2C) online learning platform, provides K-12 teachers with tools to connect with students and parents, such as virtual classroom spaces.
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08.04.2023Full Steam Ahead: Updates in Enforcement of California Privacy LawBlogsA court-ordered stay on enforcement of updates to certain parts of the California privacy regulation (the Ruling) has not slowed down enforcement of the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA).
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07.25.2023The Beaver State Joins Growing List of States To Pass Comprehensive Consumer Privacy Law: The Oregon Consumer Privacy ActUpdatesAs of July 18, 2023, Oregon has joined 11 other states to pass a comprehensive consumer privacy law. The Oregon Consumer Privacy Act requires various disclosures around the collection and processing of personal data, provides consumers with rights to their data, and imposes obligations on controllers and processors, including honoring global opt-out signals.
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06.20.2023Saddle Up Again: Texas Joins States With Comprehensive Consumer Privacy LawsUpdatesTexas Governor Greg Abbott signed the Texas Data Privacy and Security Act into law on June 18, 2023. The comprehensive privacy and data security law will go into effect on July 1, 2024.
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06.14.2023Ten Considerations for Developing an Effective Generative AI Use PolicyUpdates
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.
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03.31.2023Crossing the Finish Line: California Regulations Effective ImmediatelyBlogsThe 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).
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03.29.2023Saddle Up: Texas Makes Another Push to Join States With Comprehensive Consumer Privacy LawsBlogsOn March 24, 2023, Texas House Representative Giovanni Capriglione participated in a virtual interview with the Dallas chapter of the International Association of Privacy Professionals (IAPP) about his recently introduced bill, HB 4, also known as the Texas Data Privacy and Security Act (TDPSA).
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2022Oculogica: An Eye-Catching Innovation in Health Care and The Privacy Implications of Artificial Intelligence and Machine Learning in Diagnostics For The Human BrainArticlesThis article explores the use of Artificial Intelligence (AI) in emerging eye-tracking diagnostic technology, with a focus on both the patient data privacy and security regulations that firms, specifically device inventors and manufacturers, may face and how such firms can address the developing privacy and regulatory legal challenges.
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10.18.2022$228M Verdict in First Illinois Biometric Information Privacy Act TrialUpdatesAfter a five-day trial and only an hour of deliberation, the nation’s first trial under the Illinois Biometric Information Privacy Act ended with a bang. The jury found that the defendant recklessly or intentionally violated BIPA 45,600 times resulting in a $228 million judgment.
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04.25.2022Growing Pains: New Self-Regulatory Framework for Teenage Privacy ProposedUpdatesThrough its newly launched Center for Industry Self-Regulation (CISR), BBB National Programs announced the launch of the TeenAge Privacy Program (TAPP).
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04.15.20222022 Science & Technology Law Review SymposiumArticles
The Texas Lawbook
The use of artificial intelligence and machine learning in the healthcare industry is no longer an abstract idea that lives in the pages of science fiction novels. This observation was made by Southern Methodist University Professor Nathan Cortez to kick off the SMU Science and Technology Law Review’s 2022 symposium, “Medicine + AI: The Emerging Legal and Ethical Frameworks for Artificial Intelligence.”
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03.01.2022Rip Van Wrinkle: The Grandfather of Biometric Laws AwakensUpdatesFor many years, the most significant law governing biometric-based products and services has been the Illinois Biometric Information Protection Act. This past month, however, another biometric data privacy law woke from a long, undisturbed slumber.
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11.2021COVID-19 as a Catalyst for Advancement of Digital IdentityLawyer PublicationsBy restricting and changing the shape of human interaction for over a year, the COVID-19 pandemic rapidly accelerated the digitalization of many services and, in doing so, reinvigorated efforts to establish a cross-contextual digital identity infrastructure.
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10.2021/11.2021Ephemeral Messaging: Best Practices for Complying with Discovery ObligationsArticlesThe use of ephemeral messaging technology has become increasingly widespread. While the temporary or vanishing nature of ephemeral messaging offers many benefits to companies and individuals, it also poses unique challenges, particularly in the discovery process.
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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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07.09.2021The City That Never Peeps? NY City’s Biometric Identifier Information Ordinance Goes Into Effect July 9, 2021UpdatesNew York City’s new biometrics ordinance went into effect July 9, 2021. The ordinance regulates the use of “biometric identifier information” in “commercial establishments” such as places of entertainment, retail stores, and food and drink establishments.
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12.2020/01.2021Using Geolocation Data in LitigationArticlesWith the rise of smart phones and wearable devices, the use of applications (apps) with geolocation features has increased exponentially in recent years, and has gained even more prominence since the introduction of contact tracing through the ongoing COVID-19 pandemic.
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12.2019/01.2020Navigating Cross-Border Discovery in US LitigationArticlesBecause of technological innovations and expanding globalization, it is increasingly common for information sought by parties in a U.S. litigation to be located abroad.
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12.2018/01.2019Handling Internet of Things Data in LitigationArticlesAs the reach of the Internet of Things (IoT) expands, counsel must learn to harness the increasing explosion of data to effectively extract relevant information in litigation while balancing the operational and privacy challenges that these new sources of digital evidence raise.
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06.2017/07.2017Reasonable Anticipation of Litigation Under FRCP 37(e): Triggers and LimitsArticlesUnder common law and as expressly referenced in amended Federal Rule of Civil Procedure (FRCP) 37(e), a party must preserve documents and electronically stored information (ESI) when it reasonably anticipates litigation.
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12.2016/01.2017Sanctions Under Amended FRCP 37(e): One Year InArticlesFederal Rule of Civil Procedure (FRCP) 37(e), amended on December 1, 2015, permits a court to impose sanctions on a party for failing to preserve electronically stored information (ESI).
Presentations
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03.01.2024
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12.29.2023The Matryoshka Effect: Unpacking the Layers of Emerging Privacy and Cybersecurity IssuesSpeaking EngagementsPanelist
Lawline
New York CLE / Virtual -
11.27.2023
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10.17.2023
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10.03.2023
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10.03.2023IBIA Keynote Panel – Digital Identity FuturesSpeaking Engagements
Keynote Panelist
Identity Week
International Biometrics & Identity Association / Washington, D.C. -
06.15.2023A Privacy Lawyer’s Guide to Using Big Data for AISpeaking Engagements2023 IAPP Data Protection Intensive / Rotterdam, The Netherlands
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05.31.2023Spring Awakening: Blossoming Trends in Data Privacy and Cybersecurity LawSpeaking EngagementsDallas Association of Young Lawyers / Webinar
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03.27.2023Virtual Lunch and Learn: A Discussion With Texas State Representative Giovanni Capriglione on Draft Hb 1844, the “Texas Data Privacy and Security Act”Speaking EngagementsVirtual Dallas KnowledgeNet
IAPP/ VirtualOn March 24, 2023, Texas Representative Giovanni Capriglione participated in a virtual interview with the Dallas Chapter of the International Association of Privacy Professionals (IAPP) about his recently introduced bill, HB 4, available here, known as the Texas Data Privacy and Security Act (TDPSA). The interview was moderated by Samantha V. Ettari (Perkins Coie LLP Senior Counsel and co-Chair of the IAPP KnowledgeNet Dallas Chapter) and Justin L. Koplow (AT&T Senior Legal Counsel and also co-chair of the IAPP Chapter). -
02.08.2023
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10.13.2022Identifying and Mitigating the Real-World Privacy Issues When Using Big DataSpeaking Engagements2022 IAPP Privacy. Security. Risk. / Austin, TX
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07.25.2022The Current State of PrivacySpeaking EngagementsDallas Bar Association / Dallas, TX
Science & Technology Law Section -
03.2022
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02.22.2022Designing and Developing Medical A.I.Speaking EngagementsModerator
2022 SMU Science & Technology Law Review / WebinarSamantha Ettari was the Moderator at the 2022 SMU Science & Technology Law Review that discussed various legal, ethical, and practical challenges to designing and developing artificial intelligence (A.I.) and machine learning programs for medical use. -
01.19.2022At the Intersection of Information Governance and Cybersecurity, Risk & ComplianceSpeaking EngagementsSpeaker
ARMA New Jersey / Virtual -
12.14.2021Exploring the Legal and Ethical Underpinnings and Practical Applications of Artificial Intelligence Across Industry SectorsSpeaking EngagementsModerator
IAPP Dallas KnowledgeNet Chapter / Virtual -
11.29.2021Samantha Ettari Featured by Practical LawSpeaking EngagementsPractical LawSamantha Ettari was featured in a segment by Practical Law titled "Data Collection: Identifying and Interviewing Data Custodians" regarding pre collection custodian interviews.
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10.19.2021Legal Framework and Guardrails of Artificial IntelligenceSpeaking EngagementsThe panel will exam the current use of Artificial Intelligence, including discussion and examples of data security, algorithmic discrimination, machine learning, and biometrics in litigated cases.
