On Oct. 30, 2023, the Biden administration issued an executive order focused on the growing field of artificial intelligence. The administration is advancing a comprehensive and coordinated approach to the safe and responsible development and use of AI and setting a marker for the world. The EO is practical and aspirational with varying degrees of … Continue Reading
A federal court in California ruled in favor of sanctions against Google last week for failing to preserve records. Google’s document retention policy required individual employees to identify internal chat conversations responsive to a litigation hold. The court found this policy to be in violation of Google’s duty to preserve electronically-stored information under the Federal … Continue Reading
Employers beware: A recent holding out of Illinois has determined that employees may sue employers who collect and/or disclose employees’ biometric data. On Feb. 3, 2022, the Illinois Supreme Court issued a significant decision in McDonald v. Symphony Bronzeville Park, LLC, et al., impacting current and future claims against employers involving the Illinois Biometric Information Privacy Act … Continue Reading
BIS has issued an interim final rule, and entities dealing with cybersecurity exports are being asked to submit comments by early December. In this latest edition of our Privacy and Security Roundup, we share the details of the final rule’s two key measures including export restrictions and a new License Exception, provide an update on … Continue Reading
Across the globe, concerns continue regarding cryptocurrencies and digital currency exchanges. In the October edition of our Privacy and Security Roundup, we dive into the latest details surrounding OFAC’s efforts to stifle ransomware attacks, how organizations should carefully assess the new Personal Information Protection Law in China, the new EU Standard Contractual Clauses requirement effective … Continue Reading
On Sept. 21, 2021, the Department of Treasury, Office of Foreign Assets Control (OFAC), updated its published guidance regarding sanctions risks associated with making ransomware payments and its official policy on such payments. This updated guidance, taken in conjunction with OFAC’s recent sanctions designation of a cryptocurrency payment exchange frequently used for ransomware payments, and … Continue Reading
Not only are public and private companies increasingly targeted for cyber-attacks, but local and state governments across the country are as well. In our latest Privacy and Security Roundup, we cover the Senate-passed bill that includes nearly $2 billion in national cybersecurity funding, recent sanctions by the SEC on investment advisors and broker-dealers, a new … Continue Reading
More states, including Ohio, are working on comprehensive consumer privacy laws that could impact how companies share data. In our August 2021 Privacy and Security Roundup, we cover the nuances in the various legislation, more ransomware and supply chain attacks and news of a messaging app used as a Trojan horse by the FBI.… Continue Reading
The past few weeks have provided some big developments in the area of data privacy and security. In this Privacy and Security Roundup, we cover a ransomware attack on the largest oil pipeline in the U.S., an Executive Order from President Joe Biden to enhance U.S. cybersecurity and potential mandatory reporting/sharing requirements, the U.S. Supreme … Continue Reading
The technology industry is constantly evolving and trusted legal advice is more important than ever. The attorneys in our Privacy and Data Security practice group are proud to offer a new blog series to provide curated data privacy and security news, developments and things to know moving forward. We will provide analysis designed to keep … Continue Reading
In a highly awaited software copyright decision, the U.S. Supreme Court recently held that Google LLC’s copying of Oracle’s Java application programming interface (API) is a fair use as a matter of law. Java is a programming language and computing platform originally developed by Sun Microsystems, Inc., which was acquired by Oracle America, Inc. in … Continue Reading
With Virginia Gov. Ralph Northam’s signature on March 2, 2021, Virginia, a bit surprisingly, became the second state to set comprehensive rules for how companies handle and share personal information. Virginia’s Consumer Data Protection Act (CDPA) will go into effect on Jan. 1, 2023, incidentally the same day as the California Privacy Rights Act (CPRA), … Continue Reading
To start the year, New York lawmakers reintroduced the Biometric Privacy Act – Assembly Bill 27. The bill closely mirrors Illinois’ Biometric Information Privacy Act (BIPA), which has spawned compliance changes and hundreds of class action lawsuits, with some resulting in multimillion dollar settlements.… Continue Reading
A version of this article was originally published by Law360 on Oct. 21, 2020. Depending on whom you ask, the promise of smart contracts ranges from the mundane to the fantastic—from helping to “facilitate, verify, execute and enforce the terms of a commercial agreement”[i] to ushering in the end of contract law by providing a … Continue Reading
Two recent district court opinions addressed issues of personal jurisdiction and standing under the Illinois Biometric Information Privacy Act (BIPA). BIPA imposes a number of requirements on those who obtain a person’s biometric data, including those set forth in Section 15(a), requiring those in possession of biometric data to develop a publicly available written policy … Continue Reading
After filing applications with the U.S. Patent and Trademark Office (USPTO) nearly eight years ago, Booking.com, the travel registration website known for its punny commercial tagline, celebrated victory on June 30, 2020. In an 8-1 decision, the U.S. Supreme Court found that the trademark BOOKING.COM is not generic, and therefore eligible for registration.… Continue Reading
With an eye toward supporting the fast-moving research and development process of COVID-19 treatments, the U.S. Patent and Trademark Office (USPTO) has announced two new programs aimed at expediting review of certain mark and patent applications. Under each program, applicants must demonstrate that the product or process is directly correlated to COVID-19.… Continue Reading
A major portion of the sweeping John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) that impacts federal contracts will take effect in August 2020. Section 889 prohibits the federal government from directly procuring “any equipment, system or service that uses covered telecommunications equipment or services as a substantial or essential component … Continue Reading
On April 24, 2020, the U.S. Court of Appeals for the Seventh Circuit held in Bryant v. Compass Group USA, Inc. that plaintiffs lack standing to assert in federal courts claims arising under Section 15(a) of the Illinois Biometric Information Privacy Act (BIPA) for failing to develop a publicly available policy for the retention and … Continue Reading
It is simple enough: press record and you can easily share your internal video conference call, re-watch it later, or forget it and move on. You move on until you receive a discovery request or a subpoena for information if the company is sued. Now, your internal video call is discoverable and may be seen … Continue Reading
This is the first quarterly blog post identifying U.S. drone law developments of interest in the legislative, executive and judicial branches, on both the federal and state levels. U.S. Congress On Feb. 10, 2020, the U.S. House of Representatives passed the Protecting Critical Infrastructure Against Drones and Emerging Threats Act (H.R. 4432). The act would … Continue Reading
Companies doing business in Illinois are keenly aware of the recent flood of lawsuits alleging violations of the Illinois Biometric Information Privacy Act (BIPA). They know that BIPA lawsuits can be costly to defend. And they understand that if they are found to have mishandled the retention, collection, disclosure or destruction of biometric information, they … Continue Reading
On October 29, 2019, the NCAA Board of Governors unanimously decided to allow college student-athletes the opportunity to profit for the use of their name, image and likeness. The Board directed the NCAA’s three divisions to consider updates to their rules and regulations to effectuate such a decision. The NCAA announced the decision on the … Continue Reading
Special thanks to Emily Cunningham, Porter Wright law clerk, for her assistance on this article. Since California passed the California Consumer Privacy Act (CCPA), many states have introduced similar consumer data privacy legislation, but so far only Maine and Nevada have passed legislation successfully. Nevada focuses on internet website operators, whereas Maine focuses on broadband internet … Continue Reading
