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Recent Blog Posts

  • California Proposes New AI & Automated Decision-Making Technology Regulations The California Privacy Protection Agency (CPPA) released its draft regulatory framework for automated decision-making technology (ADMT) on November 27. These regulations are a preview of what new requirements may look like for companies currently regulated by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”). The proposed regulations generally require comprehensive disclosures and opt-out provisions for California consumers and employees regarding the use of ADMT. The proposal defines ADMT broadly to... More
  • Enforcement of CPRA Regulations Delayed Shortly before the California Privacy Right Act (CPRA) modifications to the California Consumer Privacy Act (CCPA) were set to become enforceable on July 1, 2023, a Sacramento Superior Court judge issued a ruling on June 30, 2023 pushing enforcement of CPRA regulations from July 1, 2023 to March 29, 2024. Background In 2018, the California Legislature enacted the CCPA, which provided consumers with certain rights regarding the collection and use of consumer data. In November 2020, California voters approved the CPRA, which... More
  • California Attorney General Announces Enforcement Sweep of Mobile Applications Shortly before Privacy Day, California Attorney General (Cal AG) Rob Bonta announced a California Consumer Privacy Act (CCPA) enforcement sweep that targeted mobile applications. The sweep focused on popular apps in the retail, travel, and food service industries, which allegedly failed to comply with consumer opt-out requests. The sweep also included businesses that failed to comply with requests submitted by consumers’ authorized agents, including those sent by Permission Slip, a mobile app that allows consumers to send opt-out and deletion requests... More
  • Arbitration Agreements in Privacy Disputes: The Wyze Decision and the CCPA Earlier this year, a number of individuals brought a lawsuit in the United States District Court for the Western District of Washington against Washington-based company Wyze Labs, Inc (Wyze), which manufactures “smart” home cameras and security equipment. See In re: Wyze Data Incident Litigation, Case No. C20-0282-JCC (W.D. Wa. 2020). The lawsuit – which centered around a 2019 data breach incident – alleged that Wyze failed to comply with Federal Trade Commission requirements for safeguarding users’ personal information. Wyze moved... More
  • Privacy During Bankruptcy Proceedings: Why It Matters During these particularly trying times resulting from the COVID-19 pandemic, businesses of all sizes have been concerned about the future. As a result, considering potential liquidation or restructuring through bankruptcy is inevitably starting to become a reality for some. Companies in this situation should keep privacy concerns in mind, because the handling of personal data in bankruptcy proceedings poses some unique challenges. By taking proactive measures, a business can transform the personal data it holds from a reorganization liability into an... More
  • Zoom Successfully Addresses New York’s Privacy and Security Concerns A few weeks ago on this blog, we addressed some of the legal issues that have arisen for Zoom, as it becomes a significant part of American daily life during the COVID-19 pandemic. Among those legal issues was an inquiry by the New York State Attorney General into Zoom’s privacy practices, and particularly into its measures to detect and prevent hackers or other outside parties attempting to observe or interfere with online meetings. In several incidents, the third parties interrupted meetings... More
  • A Roadmap to Litigating Privacy Claims? A Look at a Recent Order From the Google Assistant Privacy Litigation As privacy-related litigation continues to heat up, Judge Beth Freeman (ND Cal.) recently laid out in In re Google Assistant Privacy Litigation (Case No. 19-cv-04286)[1] a potential roadmap for surviving or winning a motion to dismiss on privacy-related causes of action. The consolidated lawsuit against Google alleges violations on twelve counts, all relating to the Google Assistant product – a voice-activated technology used in mobile and home devices that listens for “hotwords” in order to carry out user commands. This case... More
  • Zoom & Schools: New Privacy Issues Arise As school districts increasingly rely on Zoom to facilitate online classes, and in many cases are expressly directing students to download and use the app, it implicates new legal concerns for the company. State regulators have taken notice of Zoom’s online school activity, and some have expressed concerns about whether Zoom has actually sought or obtained parents’ permission to collect data from minor students, in light of activity ostensibly targeted at minors. Zoom’s school district privacy policy requires a “‘School... More
  • New CCPA Lawsuit Against Zoom: Issues to Watch As large portions of society become subject to coronavirus-related quarantines, increasing numbers of people have turned to web-based communications platforms for classes, meetings, events, and socialization. One such platform, Zoom, has become, in some estimations, the most important app in the business world, and the single most downloaded mobile app in all of India. With such rapid expansion in its user base, there was bound to be increased focus on the company. Over the last few weeks, Zoom has faced questions... More

Firm Highlights

Publication

Top 5 Privacy Cases To Watch, From Chatbots to Geolocation

Litigation — and threats of litigation — related to privacy law violations have been on the rise recently. While some judges have pushed back on the theories set forth by plaintiffs, new privacy lawsuits...

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Publication

California Proposes New AI & Automated Decision-Making Technology Regulations

The California Privacy Protection Agency (CPPA) released its draft  regulatory framework for automated decision-making technology (ADMT) on November 27. These regulations are a preview of what new requirements may look like for companies currently...

Read More
Publication

Enforcement of CPRA Regulations Delayed

Shortly before the California Privacy Right Act (CPRA) modifications to the California Consumer Privacy Act (CCPA) were set to become enforceable on July 1, 2023, a Sacramento Superior Court judge issued a ruling on...

Read More
Publication

California AI Proposal Rethinks Consumer Scope and Recordkeeping

The California Privacy Protection Agency will revisit its  draft  regulations for automated decision-making technology on March 8, including use of artificial intelligence to process personal information. Comment periods should be coming soon in 2024...

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Publication

Thomson Reuters v. Ross Intelligence: AI Copyright Law and Fair Use on Trial

On Sept. 25, 2023, Judge Stephanos Bibas (sitting by designation in the District of Delaware), determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate...

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Publication

Copyright Law for Influencers and Brands: How Content Creators and Companies Hiring Them Can Navigate Copyright Law for a Successful Partnership

In recent years, the advent of the social media “influencer” has revolutionized advertising. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience. Likewise, influencers create certain content...

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Publication

Fair Use Question Goes to Trial in AI Copyright Lawsuit – Thomson Reuters v. Ross Intelligence

On September 25, 2023, a United States Circuit Judge determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate Thomson Reuters’s lawsuit against Ross Intelligence...

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Publication

7 Ways Companies and Content Creators Can Navigate Copyright Law for a Successful Partnership

In recent years, the advent of the social media “influencer” has revolutionized advertising. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience. Likewise, influencers create certain content...

Read More