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Preemption Data Privacy

Davis Wright Tremaine LLP

FCC’s Net Neutrality Redux: Safeguarding and Securing the Open Internet

On May 7, 2024, the Federal Communications Commission (FCC) issued its latest network neutrality order, Safeguarding and Securing the Open Internet (the "Order"), which was published in the Federal Register on May 22, 2024,...more

Miles & Stockbridge P.C.

What Businesses Need to Know About Md.’s New Online Data Privacy Act

Maryland will soon have some of the strictest data protection and privacy requirements in the nation after the Maryland Online Data Privacy Act of 2024 (MODPA) was signed into law by Gov. Wes Moore last week....more

Troutman Pepper

State AG Coalition Opposes Current Federal Privacy Legislation

Troutman Pepper on

On May 8, attorneys general (AG) from 14 states and the District of Columbia sent a letter to Congressional leadership opposing provisions of the recently proposed federal American Privacy Rights Act (APRA). In addition to...more

Farella Braun + Martel LLP

States Argue Against Federal Privacy Preemption

Attorneys General from fourteen states—California, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Maryland, Minnesota, Nevada, New York, Oregon, Pennsylvania, and Vermont—and the District of Columbia urged...more

Perkins Coie

The American Privacy Rights Act: Could This Be the One?

Perkins Coie on

The chair of the U.S. Senate Committee on Commerce, Science, and Transportation, Maria Cantwell (D-WA), and the chair of the U.S. House Committee on Energy and Commerce, Cathy McMorris Rodgers (R-WA), released a discussion...more

WilmerHale

New Federal Privacy Bill Draft Hits Congress

WilmerHale on

On April 7, Representative Cathy McMorris Rodgers (R-Wash.), Chair of the U.S. House Committee on Energy and Commerce Chair, and Senator Maria Cantwell (D-Wash.), Chair of the Senate Committee on Commerce, Science and...more

McDermott Will & Emery

A Federal Privacy Law or a False Hope? Making Sense of the American Privacy Rights Act of 2024 Draft

McDermott Will & Emery on

On April 7, 2024, Rep. Cathy McMorris Rodgers (R-WA), the chair of the US House Committee on Energy and Commerce, and Sen. Maria Cantwell (D-WA), the chair of the US Senate Committee on Commerce, Science, and Transportation,...more

Farella Braun + Martel LLP

Federal APRA Faces Uphill Battle

Considering the polarized nature of today's Congress, businesses' antipathy for a broad private right of action, and the states' strong interest in avoiding preemption, it seems unlikely the American Privacy Rights Act will...more

Fox Rothschild LLP

Comprehensive Federal Privacy Bill May Open Backdoor for HIPAA Private Right of Action

Fox Rothschild LLP on

The American Privacy Rights Act of 2024 (APRA), a bipartisan and “historic” comprehensive data privacy bill unveiled April 8, 2024, would preempt state data privacy laws and be enforced by the Federal Trade Commission,...more

Benesch

Privacy Surprise: Bipartisan Group Proposes Omnibus Data Protection Law that Preempts all US State Data Protection Laws

Benesch on

The American Privacy Rights Act of 2024 would establish a national, comprehensive data protection law unifying US businesses under one standard, preempting the well over a dozen U.S. states with laws already in effect. ...more

Orrick, Herrington & Sutcliffe LLP

FTC says COPPA does not preempt state privacy claims

The FTC recently filed an amicus brief in a case on appeal before the U.S. Court of Appeals for the Ninth Circuit, arguing that the Children’s Online Privacy Protection Act (COPPA) does not preempt state laws that are...more

Orrick, Herrington & Sutcliffe LLP

House committee continues federal privacy legislation discussions

On April 27, the House Subcommittee on Innovation, Data, and Commerce, a subcommittee of the House Energy and Commerce Committee, held a hearing entitled “Addressing America’s Data Privacy Shortfalls: How a National Standard...more

Franczek P.C.

Employers With Broad Management Rights Under a CBA Spared From Some BIPA Litigation

Franczek P.C. on

In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining...more

Shook, Hardy & Bacon L.L.P.

Walton v. Roosevelt University: An Illinois Supreme Court BIPA Win

Last week, the Illinois Supreme Court put an end to the streak of unfavorable Illinois Biometric Information Privacy Act (BIPA) opinions for defendants before that court. In Walton v. Roosevelt University, the...more

BCLP

Recently Amended Draft Federal Privacy Legislation Continues to Receive Support & Criticism

BCLP on

The American Data Privacy and Protection Act (“ADPPA”) has been working its way through Congress with notable bipartisan support. After a July 20th markup session in the House Committee on Energy & Commerce amending the bill,...more

Fisher Phillips

Federal Privacy Legislation – An Imminent Reality or Much Ado About Nothing?

Fisher Phillips on

There’s been a lot of buzz in privacy circles in recent weeks over proposed bipartisan federal privacy legislation that has advanced from policy committee and now awaits further action on the floor of the House of...more

Bass, Berry & Sims PLC

American Data Privacy and Protection Act – Could a Federal Privacy Law be on the Horizon?

Bass, Berry & Sims PLC on

On June 3, 2022, a bipartisan group of U.S. Representatives released a discussion draft of a comprehensive federal data privacy bill entitled the American Data Privacy and Protection Act (ADPPA). Though bipartisan compromise...more

Hogan Lovells

Legislators Announce Compromise U.S. Federal Privacy Bill with Support in both the House and Senate

Hogan Lovells on

Momentum is growing for a federal privacy law in the United States. A bipartisan group of House and Senate leaders have released a discussion draft of a baseline consumer data protection legislation. The American Data...more

Fisher Phillips

Bipartisan Push for Federal Privacy Legislation: Will It Work This Time?

Fisher Phillips on

After a stalemate over federal consumer privacy legislation in the past few years, a draft bill was released on June 3 that signals a major step towards bipartisan support for federal consumer privacy legislation. The...more

Faegre Drinker Biddle & Reath LLP

Progress on Federal Privacy Legislation, but Still a Long Way to Go

A bipartisan and bicameral group of legislators in Washington, D.C., released a discussion draft of a federal privacy bill on June 3 that, for first time, reaches compromise positions on the two key issues that have to date...more

WilmerHale

Congress Proposes Bipartisan and Bicameral Comprehensive Privacy Legislation

WilmerHale on

Last week, Representatives Frank Pallone (D-NJ) and Cathy McMorris Rodgers (R-WA) and Senator Roger Wicker (R-MS) released a draft federal privacy proposal titled the American Data Privacy and Protection Act (ADPPA). ADPPA is...more

Akin Gump Strauss Hauer & Feld LLP

Lawmakers Unveil Landmark Bipartisan Privacy Proposal

Key Points - Three of the four bipartisan leaders of the House and Senate committees with jurisdiction over data privacy have struck a deal on a comprehensive federal bill, the American Data Privacy and Protection Act,...more

Franczek P.C.

Illinois Supreme Court rules that Workers’ Compensation Act does not preempt BIPA claims

Franczek P.C. on

In a February 3, 2022 decision in Marquita McDonald v. Symphony Bronzeville Park LLC, the Illinois Supreme Court ruled that employee claims for damages for violations of their statutory privacy rights under the Illinois...more

FordHarrison

Illinois' Workers' Compensation Act Not a Bar to BIPA Claims

FordHarrison on

For months now, employers and their counsel have been awaiting the Illinois Supreme Court’s ruling in McDonald v. Symphony Bronzeville Park, LLC regarding whether the Illinois Workers’ Compensation Act preempts claims for...more

Proskauer - Law and the Workplace

Supreme Court Rules That BIPA Claims Are Not Barred By Ill. Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information...more

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