Encryption is one of several cornerstones of a robust information security program. Articles on quantum computing often include the compelling narrative that encryption is at risk, but as with any revolutionary technology,...more
Today, encountering a cookie banner is a common experience for most individuals who peruse the internet. These banners inform website users of the presence of cookies or other tracking technologies through language such as,...more
Novel technologies that seek to improve quality of life or simplify complex processes offer great promise. For example, medical technologies that detect or cure disease or supply chain technologies that allow for real time...more
Privacy issues are inherent in almost all facets of a business — from operations, employment, and technology to customer service, contracts, legal and compliance — all with varying degrees of risk. Most companies mitigate...more
8/27/2024
/ Business Litigation ,
Cybersecurity ,
Data Privacy ,
Law Enforcement ,
Personal Information ,
Policies and Procedures ,
Popular ,
Privacy Laws ,
Privacy Policy ,
Stored Communications Act ,
Subpoenas ,
Uniform Commercial Code (UCC) ,
Verizon ,
Warrants
In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data...more
7/29/2024
/ Consent ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
European Commission ,
European Data Protection Board (EDPB) ,
European Economic Area (EEA) ,
Investigations ,
Personal Data ,
Popular ,
Privacy Laws
In November of 2023, Meta launched a service in the European Union that allowed users to utilize the Facebook and Instagram platforms “ad free” for a monthly fee. The subscription service was meant to address regulatory...more
7/24/2024
/ Consent ,
Data Collection ,
Data Privacy ,
Digital Markets Strategy ,
EU ,
European Commission ,
Facebook ,
Federal Trade Commission (FTC) ,
Instagram ,
Metaverse ,
Privacy Laws ,
Regulatory Agenda ,
Social Media ,
Subscription Services ,
Web Tracking
In the middle of the 20th century, there was a massive expansion of the retail credit market. Everything from boats to sewing machines to kitchen appliances were bought and sold through increasingly complex credit...more
5/14/2024
/ Consumer Privacy Rights ,
Creditors ,
Data Protection ,
Federal Trade Commission (FTC) ,
Holder Rule ,
Loans ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Retail Market ,
Rulemaking Process ,
Sellers
The frequency of class actions related to data breaches has significantly increased, with no indication that this upward trajectory will plateau. This raises the question: Are there more efficient alternatives to settling...more
For many, responding to an incident feels chaotic — questions swirling, uncertainties piling up, and no clear direction. Even when prepared with a well-rehearsed incident response plan, a data security incident places a...more
As Cybersecurity Awareness Month comes to an end and the spooky season of Halloween is upon us, no one wants to live through a cybersecurity horror story. There are some simple precautions every business and household can...more
The proliferation of AI-derived and processed data in the era of big data is occurring against a complex backdrop of legal frameworks governing ownership of and responsibilities with regard to that data. In a previous...more
The emergence of big data, artificial intelligence (AI), and the Internet of Things (IoT) has fundamentally transformed our understanding and utilization of data. While the value of big data is beyond dispute, its management...more
Machine learning (ML) models are a cornerstone of modern technology, allowing models to learn from and make predictions based on vast amounts of data. These models have become integral to various industries in an era of rapid...more
8/17/2023
/ Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Cyber Attacks ,
Cybersecurity ,
Data Privacy ,
Machine Learning ,
Popular ,
Risk Factors ,
State Privacy Laws ,
Technology Sector
There is a great YouTube video that has been circulating the internet for half a decade that reimagines a heuristically programmed algorithmic computer “HAL-9000” as Amazon Alexa in an iconic scene from “2001: A Space...more
California, home to the highest number of registered vehicles in the U.S., is at the forefront of a critical issue – the privacy practices of automobile manufacturers and vehicle technology firms....more
8/2/2023
/ Automotive Industry ,
California Privacy Protection Agency (CPPA) ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
Manufacturers ,
Motor Vehicles ,
Privacy Laws ,
Proposed Regulation ,
Regulatory Agenda ,
State Privacy Laws ,
Technology Sector
In an era where our lives are ever more intertwined with technology, the security of digital platforms is a matter of national concern. A recent large-scale cyberattack affecting several U.S. federal agencies and numerous...more
6/19/2023
/ Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Transfers ,
Digital Platforms ,
International Data Transfers ,
National Security ,
Popular ,
Ransomware ,
Software ,
Technology Sector
Cybersecurity is a looming threat for most businesses. The impact of a major cyber event can resonate for weeks, months, and even years after the initial attack. To mitigate the risks to consumers, there have been several...more
6/7/2023
/ Amended Rules ,
Compliance ,
Cybersecurity ,
Data Disposal Protocols ,
Data Retention ,
Encryption ,
Exemptions ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Gramm-Leach-Blilely Act ,
Incident Response Plans ,
Information Systems Security Program (ISSP) ,
Multi-Factor Authentication ,
Popular ,
Risk Management ,
Safeguards Rule ,
Securities and Exchange Commission (SEC) ,
Small Business ,
Training Requirements
In July of this year, Fannie Mae announced an update to the Agency’s Seller and Servicer Guidelines to include requirements that mortgage loan sellers and servicers comply with state address confidentiality programs (ADCONs),...more
California’s Attorney General Rob Bonta has made clear that California Consumer Privacy Act (CCPA) enforcement is going to be a priority for the AG’s office. On Friday, the California AG’s office announced a $1.2 million...more
8/31/2022
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Disclosure ,
Enforcement Actions ,
Personal Data ,
Privacy Policy ,
Settlement ,
State and Local Government ,
State Attorneys General
Cyber risks are increasing, and as a result, due diligence inquiries and valuations are increasingly focusing on the cybersecurity and privacy risks inherent in a business’s collection, use, retention and disposal of...more
7/14/2022
/ Acquisitions ,
Board of Directors ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Security ,
Due Diligence ,
Information Technology ,
Investors ,
Mergers ,
Risk Factors ,
Risk Management ,
Technology Sector
Biometric class actions have proliferated in recent years — and with more states eyeing comprehensive data privacy legislation, companies that use biometric data should plan for the surge to grow. With rare exceptions, these...more
Thank you so much for joining us in this interview series! Before we dig in, our readers would like to get to know you. Can you tell us a bit about how you grew up?
I grew up in a small town of about 3,500 in rural North...more
4/18/2022
/ Business Entities ,
Compliance ,
Corporate Governance ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Security ,
Incident Response Plans ,
Internet of Things ,
Popular ,
Technology Sector
At last count, at least 39 states have introduced (or passed) comprehensive privacy legislation. After what was previously a watch-and-wait game of legislative whack-a-mole, we are now seeing this legislation get passed and...more
As of yesterday, any new Freddie Mac mortgage funded will need to comply with state Address Confidentiality Program (ACP) requirements. ACPs are state-sponsored programs designed to protect victims of crimes such as domestic...more
Now that the pandemic’s “social distancing” is lessening, we hope you are all able to gather with friends and family this Thanksgiving. As we do the same, we wanted to count our blessings as we review the year. This year, we...more
11/29/2021
/ CARES Act ,
Consolidated Appropriations Act (CAA) ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Debt Collectors ,
Dodd-Frank ,
FDIC ,
Federal Trade Commission (FTC) ,
Final Rules ,
Foreclosure ,
GLBA Privacy ,
HMDA ,
Loan Servicer ,
Loss Mitigation ,
Moratorium ,
Mortgage Servicers ,
Mortgage Servicing Rules ,
NPRM ,
OCC ,
Regulation F