Blog

Recent Blog Posts

  • Reopening Plans and Recommended Protocols Beg New Privacy Issues While far from getting us back to any kind of normal that predated the COVID-19 pandemic, states have begun to relax lockdown requirements and some previously closed “nonessential” businesses are returning to operations. With such openings, governmental entities, trade organizations, and others are wisely recommending protocols, including using wellness screenings, in an effort to lower the risk that such reopenings result in a reversal of trends that have flattened the infection curve. While such protocols focus on ensuring the health... More
  • Senate Democrats Release Competing COVID-19 Privacy Bill Democratic Senators Richard Blumenthal and Mark Warner have introduced the Public Health Emergency Privacy Act in response to the bill of the same subject released by Senate Republicans (the COVID-19 Consumer Data Protection Act) at the end of last month. As with the CCDPA, the PHEPA regulates the collection of emergency health data. While the respective bills differ in many ways, the most glaring distinctions focus (not surprisingly) on enforcement, preemption, and certain uses of data. While both measures provide for enforcement by the FTC and... More
  • Signatures Submitted for Inclusion of New California Privacy Law on November Ballot Californians for Consumer Privacy has announced that it has secured and submitted enough signatures to qualify its California Privacy Rights Act (“CPRA”) for inclusion on California’s November 2020 ballot. Alistair Mactaggart, the architect behind the ballot initiative that led to the California legislature’s adoption of the CCPA, pushed forward with the CPRA to amend perceived issues and shortcomings in the CCPA. Among other things, the CPRA would Generally increase transparency and consumer control of personal data held by an entity subject to... More
  • Federal “COVID-19 Consumer Data Protection Act” Proposed A group of Republican senators has proposed a new privacy law to govern the collection and use of certain personal information thought to be both important and at risk during the current coronavirus crisis. While numerous companies and governments have developed and deployed apps and programs to track individuals and trace contacts between individuals in furtherance of the laudable goal of helping to better understand and address the pandemic, there have been concerns that such data could be collected without proper... More
  • Private Rights of Action and the CCPA—Unlimited Limitation? As we are all well aware by now, the California Consumer Privacy Act (CCPA) (Cal. Civ. Code Sections 1798.100 et seq.) went into effect on Jan. 1. Through its amendments and regulations (the latter of which have yet to be finalized as of this article’s publication), one aspect of the act has stayed largely consistent: the CCPA grants a private right of action only in limited situations. While the California Attorney General has the ability to impose fines for any... More
  • Trademark Office Deadlines and Coronavirus-Related Delays With all of the business interruption caused by the COVID-19 pandemic, many worldwide trademark offices have taken steps to recognize the issues caused by the crisis. The offices in which applicants from the U.S. most commonly file – the United States Patent and Trademark Office (USPTO), the European Union Intellectual Property Office (EUIPO), and the Canadian Intellectual Property Office (CIPO) – have provided some relief. Under United States law, the USPTO does not have the congressional authority necessary to waive any... More
  • Public Ends From Private Means: Privacy Rights and Benevolent Use of Personal Data With the explosion of COVID-19 cases worldwide, companies and governments have expanded their interest in the use of the vast stores of consumer data. Even where such collection and use of personal data is ostensibly for the public good, the privacy rights and legal requirements applicable to such data must be considered carefully.[i] In recent weeks, a plethora of private companies have introduced programs and applications to monitor and assess the spread of the disease, as well as to assess the... More
  • Data Scraping Under the Revised CCPA Regulations On March 11, 2020, California Attorney General Xavier Barrera released a second revision to the draft California Consumer Privacy Act (CCPA) regulations. The new draft contains a number of important changes to the regulatory landscape under the CCPA. One very specific change—concerning data scraping—caught my eye. Since the CCPA has been discussed and, indeed, even earlier in connection with the GDPR, there has been an open question of whether entities that pull personal data from public sources (e.g., from the... More
  • Data Breach Disclosure Requirements Implicate More Than Privacy Law Various state laws require data breach notification and different state laws have different triggers for when notification is required and who must be notified. In California, for example, a breached company must give notice to each affected California resident, but the California AG need be notified only if the breach affected 500 or more individuals in California. In New York, on the other hand, AG notification is required if any NY residents were affected by the breach. While all such laws... More
  • Data Security: Are you looking at your third party software? It was recently discovered that a certain software product, in this case used by numerous cannabis companies around the country, was not secure and allowed access to consumer data of companies using the software. You can read more about it in this linked article. This isn’t the first time a security vulnerability was introduced by the use of third-party software, and it won’t be the last. The CCPA requires “reasonable security measures” be taken to protect consumer data. It is likely... More

Firm Highlights

Publication

Trademark Office Deadlines and Coronavirus-Related Delays (Updated)

With all of the business interruption caused by the COVID-19 pandemic, many worldwide trademark offices have taken steps to recognize the issues caused by the crisis. The offices in which applicants from the U.S...

Read More
News

Farella Represents the Bundschu Company in its Acquisition of Valley of the Moon Winery

SAN FRANCISCO, March 5, 2020: Farella Braun + Martel represented the Bundschu Company in its acquisition of the 60 acre winery and vineyard property at the historic Rancho Agua Caliente in Glen Ellen, California...

Read More
Publication

Public Ends From Private Means: Privacy Rights and Benevolent Use of Personal Data

With the explosion of COVID-19 cases worldwide, companies and governments have expanded their interest in the use of the vast stores of consumer data. Even where such collection and use of personal data is ostensibly...

Read More
Publication

Reopening Plans and Recommended Protocols Beg New Privacy Issues

While far from getting us back to any kind of normal that predated the COVID-19 pandemic, states have begun to relax lockdown requirements and some previously closed “nonessential” businesses are returning to operations. With...

Read More
Publication

Signatures Submitted for Inclusion of New California Privacy Law on November Ballot

Californians for Consumer Privacy has announced that it has secured and submitted enough signatures to qualify its California Privacy Rights Act (“CPRA”) for inclusion on California’s November 2020 ballot. Alistair Mactaggart, the architect behind...

Read More
Publication

Federal “COVID-19 Consumer Data Protection Act” Proposed

A group of Republican senators has proposed a new privacy law to govern the collection and use of certain personal information thought to be both important and at risk during the current coronavirus crisis...

Read More
News

California’s New Privacy Law Draws Attention From Nonprofits

Nate Garhart was quoted in "California's New Privacy Law Draws Attention From Nonprofits" in the Chronicle of Philanthropy . In the article, Nate advises nonprofits to get out ahead of any forthcoming privacy regulations...

Read More
Publication

Private Rights of Action and the CCPA—Unlimited Limitation?

As we are all well aware by now, the California Consumer Privacy Act (CCPA) (Cal. Civ. Code Sections 1798.100 et seq.) went into effect on Jan. 1. Through its amendments and regulations (the latter...

Read More
News

GDPR in 2020: What You Need to Know

In the article "GDPR in 2020: What You Need to Know," Nate Garhart discussed the newly clarified guidelines for extraterritorial application of GDPR. Read the full article on Toolbox , here .

Read More
Publication

Senate Democrats Release Competing COVID-19 Privacy Bill

Democratic Senators Richard Blumenthal and Mark Warner have introduced the  Public Health Emergency Privacy Act  in response to  the bill of the same subject released by Senate Republicans  (the  COVID-19 Consumer Data Protection Act...

Read More