On March 24, 2025, the governor of Virginia signed into law Senate Bill 754, which amends the Virginia Consumer Protection Act (VCPA) to restrict the collection, use, sale, or sharing of personally identifiable reproductive...more
In advance of its April 4, 2025, board meeting, the California Privacy Protection Agency (CPPA) released a discussion draft of revisions to its proposed California Consumer Privacy Act (CCPA) regulations. These revisions...more
On March 7, 2025, the California Privacy Protection Agency (CPPA) issued a settlement order imposing a $632,500 fine on American Honda Motor Co., Inc. for violations of the California Consumer Privacy Act (CCPA). The CPPA...more
3/17/2025
/ Automotive Industry ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Honda ,
Personal Information ,
Privacy Laws ,
Regulatory Requirements ,
Settlement
DOJ DOUBLES DOWN ON CORPORATE ENFORCEMENT WITH NEW WHISTLEBLOWER PROGRAM -
During the 2024 American Bar Association National Institute on White Collar Crime (the 2024 White Collar Conference) earlier in March US Attorney...more
5/9/2024
/ Artificial Intelligence ,
Automotive Industry ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
EU ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Labor Regulations ,
Payment Systems ,
PCI-DSS Standard ,
Pilot Programs ,
Regulatory Agenda ,
Unified Patent Court ,
Unions ,
Whistleblower Protection Policies ,
Whistleblowers ,
White Collar Crimes
Consult our interactive state privacy law map to learn more about all of the enacted state consumer privacy laws.
Kentucky may soon join the expanding list of states with comprehensive privacy laws. Kentucky House Bill...more
3/21/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
Privacy Policy ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
The automotive industry is experiencing a shift to an e-commerce model through direct interactions with the customer to accept credit card payments. This innovation allows drivers and passengers to make payments for products...more
With the end of several state legislative sessions on the horizon, it is perhaps unsurprising that we are seeing an uptick in state legislatures passing consumer (or health) data privacy laws. You can now count Indiana among...more
On February 17, 2023, the Illinois Supreme Court ruled in Cothron v. White Castle System, Inc., 2023 IL 128004, that claims accrue under the Illinois Biometric Information Privacy Act (BIPA) each time data is collected and...more
On February 2, 2023, the Illinois Supreme Court held that all causes of action brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/1 et seq., are subject to a five-year statute of limitations....more
The Plaintiffs’ Bar is well-known for pushing the boundaries of existing (and sometimes very old) laws with new and novel privacy claims. The most recent targets of this trend are (1) the Video Privacy Protection Act (VPPA),...more
On October 12, 2020, the California Department of Justice announced the release of a new, third set of proposed modifications to the California Consumer Privacy Act (CCPA) regulations. The proposed modifications amend a final...more
On October 12, 2020, the California Department of Justice announced the release of a new, third set of proposed modifications to the California Consumer Privacy Act (CCPA) regulations. The proposed modifications amend a final...more
The first wave of California Consumer Privacy Act litigation has begun to roll in, and the complaints are already raising interesting questions about the scope of CCPA’s private right of action. The actions assert a variety...more
5/20/2020
/ Breach of Contract ,
California Consumer Privacy Act (CCPA) ,
Civil Code ,
Class Action ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Breach ,
Negligence ,
Personal Information ,
Private Right of Action ,
Statutory Damages ,
The Fairness in Class Action Litigation Act of 2015 ,
Zoom®
The Coronavirus (COVID-19) continues its spread across the globe and—along with the clear public health and economic concerns—is raising numerous questions regarding privacy and data security. Data protection authorities...more
The California Consumer Privacy Act (CCPA) is barely a week old, but movement has already started on a new California privacy law. Here, we discuss key provisions of the newly proposed ballot initiative called the California...more
1/10/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Legislation
As businesses have scrambled to obtain compliance with the California Consumer Privacy Act (CCPA) in recent months, questions surrounding its constitutionality have arisen. As a broad, sometimes unclear state law that imposes...more
1/10/2020
/ California Consumer Privacy Act (CCPA) ,
Constitutional Challenges ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Retention ,
Data Security ,
Data-Sharing ,
Dormant Commerce Clause ,
First Amendment ,
Interstate Commerce ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Vagueness
WHAT HAPPENED:
• Recent developments indicate that pharmaceutical deals are attracting greater scrutiny from the Federal Trade Commission (FTC).
• In September 2019, FTC Chairman Joseph Simons reportedly stated that the...more
What Happened:
• The Federal Trade Commission (FTC), along with the Antitrust Division of the Department of Justice (DOJ), approved amendments to the Hart-Scott-Rodino (HSR) Rules and the instructions for completing the HSR...more
Last week, in Connecticut Fine Wine and Spirits LLC v. Seagull, the US Court of Appeals for the Second Circuit affirmed a lower court’s motion to dismiss a lawsuit from Total Wine & More challenging parts of Connecticut’s...more
3/5/2019
/ Antitrust Violations ,
Appeals ,
Beverage Manufacturers ,
Discount Retailers ,
Liquor Control Acts ,
Motion to Dismiss ,
Price Discrimination ,
Price-Fixing ,
Regulatory Oversight ,
Retailers ,
Sherman Act ,
Supremacy Clause ,
Twenty-First Amendment ,
Wholesale ,
Wine & Alcohol ,
Wineries
In a December 7 speech before the Berkeley-Stanford Advanced Patent Law Institute, the US Department of Justice Antitrust Division (DOJ) Assistant Attorney General Makan Delrahim (AAG Delrahim) announced that the DOJ will...more
The Federal Trade Commission (FTC) submitted comments supporting the Food and Drug Administration’s (FDA) guidance for assessing whether a pharmaceutical company petitioner is misusing the citizen petition process to delay...more
The Premerger Notification Office (PNO) of the Federal Trade Commission (FTC) recently formalized a new position on Hart-Scott-Rodino Act (HSR Act) reporting obligations for certain not-for-profit, non-stock transactions. The...more
McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise...more
California’s Senate and Assembly unanimously approved AB 375 (also known as the California Consumer Privacy Act of 2018), on June 28, 2018. This new consumer privacy bill will be the most progressive and comprehensive privacy...more
The US International Trade Commission (ITC) issued an opinion dismissing United States Steel Corporation’s antitrust claim made under Section 337 of the Tariff Act of 1930 against several Chinese steel manufacturers or...more