In the past several months, plaintiff’s lawyers have filed dozens of class action lawsuits under state wiretap laws, some of which provide for statutory damages of $5000 per occurrence or more. The lawsuits focus on the use...more
The Third Circuit recently became the first federal appellate court to address the question of whether the victim of a data breach has Article III standing to bring a claim for damages based on the fear of identity theft...more
On October 17, the California Privacy Protection Agency (“CPPA”) published the first revisions to the CPRA regulations. This draft includes an extensive list of proposed changes in advance of the CPPA Board public hearing,...more
The jury returned a verdict in favor of the plaintiffs in the first trial for violations of the Illinois Biometric Privacy Act (“BIPA”), which was conducted in the District Court for the Northern District of Illinois. Rogers...more
Although the replacement for the Privacy Shield has garnered bigger headlines, the United States government also took another step towards a more coordinated international privacy framework by entering into the data access...more
The first jury trial for violations of the Illinois Biometric Privacy Act (“BIPA”) is underway in the District Court for the Northern District of Illinois. Rogers v. BNSF Ry. Co., No. 1:19-cv-03083. A jury will decide...more
On August 24, California Attorney General Rob Bonta announced a $1.2 million settlement with Sephora over allegations that the cosmetic retailer had violated the California Consumer Privacy Act (CCPA). This first public...more
With the CPRA set to become effective in a little more than three months, Ballard Spahr partners Phil Yannella and Greg Szewczyk discuss CPRA rule-making, the recent Sephora settlement, and outline key compliance steps that...more
On October 1, 2022, the Colorado Attorney General‘s Office announced that it had submitted the first draft of its Rules implementing the Colorado Privacy Act....more
Colorado Attorney General Philip Weiser gave his first public comments since April last Thursday at Ballard Spahr LLP’s 2022 Annual Colorado Privacy Summit. In an hour-long fireside chat with Ballard Spahr’s Co-Chair of...more
Our discussion examines the FTC’s Advanced Notice of Proposed Rulemaking relating to what it describes as “commercial surveillance” and the CFPB’s circular confirming that covered persons and service providers may violate the...more
The August 31 closing of the California legislative session likely marked the end of hopes for an extension of the limited exemptions for employee and business-to-business (B2B) data that have existed for the California...more
Businesses operating in New York City should be aware of a local law addressing the use of automated employment screening and decision-making tools coming into effect on January 1, 2023. This law applies broadly to employers...more
In the latest episode in our monthly webcast series, Privacy and Data Security practice co-leaders Phil Yannella and Greg Szewczyk give a comprehensive rundown of the American Data Privacy and Protection Act (ADPPA),...more
In an active week for federal regulators, the Federal Trade Commission (FTC) joined the CFPB in announcing important initiatives that may change privacy and data security practices in major ways....more
On July 29, 2022, the New York Department of Financial Services (“NYDFS”) released Draft Amendments to its Cyber Security Regulations. The Amendments, if adopted, would further regulatory trends and impose important new...more
The FTC recently reported that over $650 mm worth of cryptocurrency was stolen by hackers last year. Thus far, over $320 mm in cryptocurrency has been stolen by hackers this year. Not surprisingly, this surge in crypto...more
In this initial episode of Ballard Spahr’s new privacy and data security webcast series, Phil Yannella and Greg Szewczyk – co-chairs of the Privacy & Data Security Group – discuss regulatory scrutiny concerning the use of...more
The Federal Trade Commission (FTC) recently issued a blog post stating that a failure to disclose a data breach may be a violation of Section 5 of the FTC Act. The May 20 blog post, titled Security Beyond Prevention: The...more
The Federal Trade Commission (FTC) recently issued a blog post stating that a failure to disclose a data breach may be a violation of Section 5 of the FTC Act. The May 20 blog post, titled Security Beyond Prevention: The...more
In a surprising development, the California Privacy Protection Agency (CPPA) published proposed amendments to the CCPA regulations recently. The proposed amendments were initially made public in a package of materials to be...more
The California Privacy Protection Agency (“CPPA”) scheduled a Board Meeting for June 8th, in which it will be discussing and possibly taking action with regard to the much anticipated CPRA enforcing regulations. To...more
Businesses with automatic renewal contracts—including subscriptions—should take note of Colorado’s new law that went into effect earlier this year on January 1, 2022. While companies subject to other state’s auto-renewal...more
At the IAPP Global Privacy Summit, Colorado Attorney General Phil Weiser announced the principles that would guide the CPA rulemaking process, after which his office published a white paper entitled Pre-Rulemaking...more
On March 15, 2022, President Joe Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA), which increased funding for the federal Cybersecurity and Critical Infrastructure Agency (CISA) and...more