It is fairly standard language in privacy policies: “This privacy policy may be amended or updated from time to time, so please check back regularly for updates.” It sends the message that the company can change its data...more
On Oct. 30, President Joe Biden issued an executive order on safe, secure and trustworthy artificial intelligence.
The executive order provides a sprawling list of directives aimed at establishing standards for AI safety...more
11/6/2023
/ Artificial Intelligence ,
Authentication ,
Biden Administration ,
Data Security ,
Deep Fake ,
Defense Production Act ,
Department of Health and Human Services (HHS) ,
Department of Transportation (DOT) ,
Educational Institutions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Healthcare ,
Housing Market ,
Innovation ,
Intellectual Property Protection ,
Law Enforcement ,
Machine Learning ,
Personally Identifiable Information ,
Popular ,
Privacy Policy ,
Regulatory Standards ,
Software Developers ,
USPTO
Partners Jenny Colgate and Jennifer Maisel will present a webinar titled "Artificial Intelligence Litigation Risks for the Medical Technology Industry" for Medmarc, the leading expert in the products liability risks facing...more
8/8/2023
/ Artificial Intelligence ,
Breach of Contract ,
Confidential Information ,
Copyright Infringement ,
Data Privacy ,
Life Sciences ,
Medical Technology Companies ,
Misappropriation ,
Negligence ,
Popular ,
Risk Management ,
Statutory Violations ,
Trade Secrets ,
Unfair or Deceptive Trade Practices ,
Webinars
Can privacy law and trade secret law coexist, or is compliance with both impossible?
We are experiencing the fourth industrial revolution, driven by the rise in data and connectivity, analytics and artificial...more
8/8/2023
/ Artificial Intelligence ,
Compliance ,
Confidential Information ,
Data Privacy ,
Food Manufacturers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Intellectual Property Protection ,
Medical Technology Companies ,
Patents ,
Personal Information ,
Popular ,
Privacy Laws ,
Retailers ,
State Privacy Laws ,
Supply Chain ,
Trade Secrets
In late April, Washington's governor signed the My Health My Data Act, or MHMD, into law.
The law, which goes into effect next year, aims to regulate the vast amount of health-related data processing that takes place...more
7/7/2023
/ Artificial Intelligence ,
Centers for Disease Control and Prevention (CDC) ,
Compliance ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Machine Learning ,
New Legislation ,
PHI ,
Privacy Laws ,
Private Right of Action ,
Washington
Many companies may be quick to dismiss Washington’s “My Health, My Data” (MHMD) as a health data law that does not apply to them. But there are many reasons you should think twice before disregarding this law....more
On March 16, 2023, the French Data Protection Agency (the “CNIL”) imposed a fine of € 25,000 on the company CITYSCOOT in connection with a finding that CITYSCOOT failed to comply with the obligation to ensure data...more
A number of federal privacy laws provide private rights of action, allowing individuals (or class actions) to bring claims alleging violations of certain privacy laws. Some examples of these statutes include the Video Privacy...more
Yesterday, October 12, 2022, was the first time that a case under the Illinois Biometric Information Privacy Act (BIPA) went to trial – and the result was a big win for the Plaintiffs, more than 44,000 truck drivers whose...more
Today, October 7, 2022, President Joe Biden signed an executive order implementing a new privacy framework for data being shared between Europe and the United States. The new framework is called the “Trans-Atlantic Data...more
California Attorney General Rob Bonta announced yesterday a settlement reached with beauty product retailer, Sephora, Inc. (Sephora), resolving allegations that Sephora violated various provisions of the California Consumer...more
8/25/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
Data Sellers ,
Enforcement ,
Opt-Outs ,
Personal Information ,
Privacy Laws ,
Retail Tracking ,
Sephora ,
Settlement ,
State Attorneys General ,
Statutory Violations
In July 2020, the Schrems II decision issued and the European Commission’s adequacy decision for the EU-US Privacy Shield Framework was invalidated. Further, and broader than the invalidation of Privacy Shield adequacy...more
2/10/2022
/ Analytics ,
Charter of Fundamental Rights ,
EU ,
EU-US Privacy Shield ,
Facebook ,
General Data Protection Regulation (GDPR) ,
Google ,
Instagram ,
International Data Transfers ,
Personal Data ,
Schrems I & Schrems II ,
Social Media
On Friday, January 28, 2022, the California Office of Attorney General issued a press release announcing that California DOJ sent notices alleging non-compliance with the California Consumer Privacy Act (CCPA) to a number of...more
On August 13, 2018, the Associated Press published a story: “Google tracks your movements, like it or not.” (https://apnews.com/article/north-america-science-technology-business-ap-top-news-828aefab64d4411bac257a07c1af0ecb) ...more
It has been nearly a year and a half since the Schrems II decision issued in July 2020, which invalidated the European Commission’s adequacy decision for the EU-US Privacy Shield Framework. As a result, companies were forced...more
1/20/2022
/ Analytics ,
Data Privacy ,
EU-US Privacy Shield ,
European Commission ,
FISA ,
General Data Protection Regulation (GDPR) ,
Google ,
International Data Transfers ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
Websites
France recently fined Alphabet Inc’s Google $169 million and Meta Platform’s Facebook $67 million on grounds that the companies violated the EU e-Privacy directive (aka the EU “Cookie Law”) by requiring too many “clicks” for...more
On August 20, 2021, China passed its first general data protection law, called the Personal Information Protection Law (“PIPL”). The law is set to take effect on November 1, 2021 (two months away), and it applies to both (1)...more
On April 22, 2021, the Supreme Court issued a unanimous decision finding that the FTC lacks authority to pursue equitable monetary relief in federal court under Section 13(b) of the Federal Trade Commission Act (the “FTCA”)....more
Yesterday, Virginia passed the Virginia Consumer Data Protection Act (VCDPA), making it the second state (behind California, with its California Consumer Protection Act (CCPA) to enact a general consumer privacy law. The...more
In December 2020, Apple started requiring Apps to display mandatory labels that provide a graphic, easy-to-digest version of their privacy policies. They are being called “privacy nutrition labels,” presumably a reference to...more
While Europe is leveraging hefty fines against violators of the EU General Data Protection Regulation (GDPR), the United States Supreme Court heard oral arguments last month on whether the FTC – the chief federal agency on...more
2/4/2021
/ AMG Capital Management LLC v FTC ,
Disgorgement ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Injunctive Relief ,
Restitution ,
SCOTUS ,
Separation of Powers ,
Statutory Interpretation ,
Unfair or Deceptive Trade Practices
A recent article from CNN reported on SpaceX and Amazon sparring over their competing satellite-based internet business. The article reports that at the center of the dispute is “a recent attempt by SpaceX to modify its...more
Facebook, the parent company to WhatsApp, is reporting near-record low revenue growth. Thus, presumably in an effort to monetize WhatsApp more heavily, WhatsApp recently announced changes to its privacy policy: as of...more
Just before the Christmas holidays, the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued proposed rulemaking entitled “Requirements for Certain Transactions Involving Convertible Virtual...more
1/6/2021
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Bitcoin ,
Cryptocurrency ,
Digital Assets ,
FinCEN ,
Know Your Customers ,
Money Services Business ,
National Security ,
Popular ,
Privacy Concerns ,
Proposed Regulation ,
Rulemaking Process ,
Virtual Currency
If you’re a company that has been scratching your head and racking your brain since the Schrems II decision issued on July 16, 2020, invalidating Privacy Shield and calling into question all data transfers between the EU and...more