News & Analysis as of

Preemption Proposed Legislation

Proskauer - Minding Your Business

Taylor Swift and Congress Have “Bad Blood” with AI Deepfakes

On September 10, minutes after the first presidential debate between Donald Trump and Vice President Kamala Harris, an Instagram post set the political world abuzz: Taylor Swift endorsed Harris in the race. The announcement...more

Akin Gump Strauss Hauer & Feld LLP

Senate Advances Landmark Tech Policy Priorities

Key Points - The Senate has passed landmark children’s online privacy and safety legislation via a near-unanimous vote shortly before departing for the August recess. The bill is comprised of revised versions of the Kids...more

Jones Day

Here We Go Again: U.S. Congress Reintroduces New Comprehensive Federal Privacy Law

Jones Day on

With the bipartisan, bicameral proposed American Privacy Rights Act of 2024, the U.S. Congress seeks to adopt the first national personal data privacy and security law that would preempt comprehensive state privacy laws....more

Rumberger | Kirk

Florida Develops Comprehensive Plan to Address  Camping and Sleeping on Public Property

Rumberger | Kirk on

In an effort to address homelessness, effective October 1, 2024, the State of Florida implements its comprehensive plan to preempt local ordinances permitting public camping or sleeping, to provide standards for lawful...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

Mintz - Privacy & Cybersecurity Viewpoints

American Privacy Rights Act – Another Shot at a Comprehensive Federal Privacy Law

Will the U.S. finally join most developed nations and pass a comprehensive federal privacy law? Some believe this may be the year that the U.S. does just that....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

Troutman Pepper

Trade Organizations Challenge Colorado’s DIDMCA Opt-Out Legislation in Federal Court

Troutman Pepper on

Monday, three trade organizations filed a complaint in Colorado federal court challenging H.B. 1229, Colorado’s effort to limit interest charges by out-of-state financial institutions, which is set to take effect on July 1,...more

Littler

Highlights of the Federal Proposals to Regulate NIL Deals

Littler on

The 2023 college football season ended in early January, and sports fans are eagerly anticipating the start of college basketball’s March Madness. Many are also anxious about the future of college sports, given the non-stop...more

Bilzin Sumberg

Live Local Act Glitch Bill

Bilzin Sumberg on

As expected, within days of the opening day of the 2024 Legislative Session came two proposed “clarification glitch” bills containing several proposed amendments to the Live Local Act.  Senate Bill 328, sponsored by Senator...more

Ballard Spahr LLP

“True Lender Act” Bill Proposed in Maryland

Ballard Spahr LLP on

Maryland has joined the ranks of states considering legislation that would codify elements of “true lender” theory in an effort to impose federally preempted state licensing requirements and rate caps on loans to Maryland...more

Latham & Watkins LLP

Blockchain Regulatory Certainty Act Would Protect Non-Custodial Crypto Services

Latham & Watkins LLP on

The bipartisan bill would provide a federal safe harbor for non-custodial blockchain service providers from state money transmission and digital asset licensing laws. On March 23, 2023, US House of Representatives...more

WilmerHale

New Legislation to Expand Privacy Obligations of Financial Institutions Introduced in Congress

WilmerHale on

On February 27, 2023, the Chairman of the House Financial Services Committee Patrick McHenry (NC-10) introduced the Data Privacy Act of 2023 (the Bill), which would amend the Gramm-Leach-Bliley Act (GLBA) to “modernize[]...more

WilmerHale

Amidst Flurry of State Proposals, Congress Holds Hearing on ADPPA

WilmerHale on

On March 1st, the Innovation, Data, & Commerce Subcommittee of the House Energy and Commerce Committee subcommittee held a hearing titled “Promoting U.S. Innovation & Individual Liberty through a National Standard for Data...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

WilmerHale

California Privacy Protection Agency Holds Special Meeting to Discuss the ADPPA

WilmerHale on

On July 28, 2022, the California Privacy Protection Agency (the “Agency”) held a special meeting (the “Meeting”) to discuss and act on the proposed federal privacy legislation, the American Data Protection and Privacy Act...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

Miles & Stockbridge P.C.

U.S. Small Business Lending Disclosure Act: Congress’s Commercial Finance Disclosure Law - Will It Displace State Law?...

Over the past year, we have reported on the new wave of laws enacted and proposed in various states requiring consumer-like disclosures in commercial financing transactions. These state laws are often titled “Commercial...more

Benesch

Proposed Federal Data Protection Law Amended and Advanced for a Full Chamber Vote in the House

Benesch on

While progress has been made in finalizing the text - language around state law preemption and the creation of a small business exception - passage remains unlikely as key-Democrats continue to withhold support and mid-term...more

WilmerHale

Bill Proposed in Congress to Expand Privacy Obligations of Financial Institutions

WilmerHale on

On June 23, 2022, Congressman Patrick McHenry (NC-10), released a discussion draft  (“Discussion Draft”) of new legislation set to amend the Gramm-Leach-Bliley Act (GLBA) with the intent to “modernize GLBA to better align...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

WilmerHale

Insights from the House Subcommittee Hearing on ADPPA

WilmerHale on

On June 14, the U.S. House Committee on Energy and Commerce’s Subcommittee on Consumer Protection and Commerce held a legislative hearing on the American Data Privacy and Protection Act (ADPPA) titled, “Protecting America’s...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

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

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