As we near the end of 2024, we consider a recent new round of California bills amending the California Consumer Protection Act (“CCPA”) and new laws concerning AI. This activity provides an opportunity to both reflect on the...more
Implementing and enforcing appropriate legal holds is essential to preventing the destruction of data related to current or anticipated litigation and avoiding inadvertent spoliation claims. Depending on the nature of the...more
Enforcement of the California Consumer Privacy Act (“CCPA”) continues to heat up with California Attorney General Rob Bonta’s office announcing its second public enforcement action, this time against delivery service provider...more
The Supreme Court is poised to resolve a circuit court split on whether the National Bank Act (“NBA”) preempts state laws requiring national banks to pay interest on mortgage escrow accounts. Cantero, et al. v. Bank of...more
The United States is on track to see a record number of data breaches in 2023 and state regulators are paying attention. The swift action required by victim companies includes containment and elimination of the threat, and...more
The California Privacy Rights Act of 2020 (“CPRA”), which voters approved in November 2020, expanded consumers’ protections under the California Consumer Privacy Act of 2018 (“CCPA”). While the CPRA introduced new consumer...more
The California Privacy Rights Act (the “CPRA”), which substantially amended the California Consumer Privacy Act (the “CCPA”), took effect January 1, 2023. Beginning July 1, 2023, the newly formed California Privacy Protection...more
Flexing considerable enforcement muscle, California Attorney General Rob Bonta (“AG”) recently announced a $1.2 million settlement with beauty retailer Sephora, Inc. (“Sephora”) under the landmark California Consumer Privacy...more
Despite the much-anticipated impact of TransUnion LLC v. Ramirez (“Ramirez”), the Supreme Court decision has not prevented data breach and privacy class actions from proceeding past the pleading stage in federal courts across...more
Litigants have been looking forward to guidance regarding the limits of data breach claims since the California Consumer Privacy Act (“CCPA”) took effect on January 1, 2020. Now some of the questions are starting to be...more
The passage of the California Privacy Rights Act (“CPRA”) on November 3, 2020 will result in increased litigation and enforcement actions for companies doing business in California. Indeed, only months after the California...more
The first class action alleging a violation under the California Consumer Privacy Act ("CCPA"), which was filed against Hanna Andersson, LLC has now been resolved for $400,000 subject to court approval. The settlement...more
The California Consumer Privacy Act (“CCPA”) gives individuals the right to seek statutory damages against a business in limited circumstances involving the CCPA’s reasonable security obligation. See Cal. Civ. Code §...more
The California Consumer Privacy Act (“CCPA”) gives individuals the right to seek statutory damages against a business in limited circumstances involving the CCPA’s reasonable security obligation. See Cal. Civ. Code §...more
On August 5, 2019, the California Court of Appeal for the Second District held that a lender owes no “tort duty of care during a loan modification negotiation.” Sheen v. Wells Fargo Bank, N.A., ___ Cal.Rptr.3d ___, 2019 WL...more
On December 27, 2017, the Ninth Circuit Court of Appeals issued a published decision impacting subject matter jurisdiction when a complaint seeks a stay of foreclosure proceedings pursuant to the California Homeowners’ Bill...more
On February 18, 2016, the California Supreme Court issued its eagerly anticipated decision inYvanova v. New Century Mortgage Corporation, et al., Case No. S218973, finding that a borrower has standing to state a claim for...more