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U.S. Biometrics Laws Part I: An Overview of 2020
Data privacy laws have made significant breakthroughs in recent years, making it a top priority for businesses. From the adoption of the European Union’s General Data Protection Regulation (GDPR) in...
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Department of Health and Human Services Announces Proposed Changes to the...
On January 21, 2021, the Department of Health and Human Services (HHS) published proposed modifications to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health...
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U.S. Biometrics Laws Part II: What to Expect in 2021
As we discussed in Part I, the United States does not have a single, comprehensive federal law governing biometric data. However, we have recently seen an increasing number of states focusing on this...
View ArticleOCR Continues to Crack Down on Right of Access Violations
Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and specifically the Privacy Rule under HIPAA’s implementing regulations, patients have a right to access their health...
View ArticleFlorida House Moving on Major Consumer Data Privacy Legislation
On Feb. 15, Rep. Fiona McFarland (R-Sarasota) filed HB 969, following a press conference in which Gov. Ron DeSantis and House Speaker Chris Sprowls made clear their intent to crack down on “big tech.”...
View ArticleCISA, FBI, Treasury Issue Guidance on State-Sponsored Malware Targeting...
This week, the FBI, the Cybersecurity and Infrastructure Security Agency, and the Department of the Treasury released a joint advisory report on HIDDEN COBRA — the cyber threat North Korea poses to...
View ArticleDOJ Indictment Highlights Attack Methods Used by State-Sponsored Cybercriminals
The U.S. Department of Justice announced an indictment in the U.S. Attorney’s Office for the Central District of California against a North Korea-sponsored international cybercriminal organization that...
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Virginia’s New Consumer Data Protection Act (CDPA)
On March 2, 2021, Governor Northam signed into law Virginia’s own Consumer Data Protection Act (“Virginia CDPA” or the “Act”), a bill that brings together concepts from the EU’s General Data Protection...
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SEC Announces 2021 Information Security Examination Priorities – Five (5)...
“Information security is critical to the operation of the financial markets and the confidence of its participants. . . The Division is acutely focused on working with firms to identify and address...
View ArticleProceeding With Biometric Caution: Illinois Courts to Decide Critical BIPA...
2021 is shaping up to be a groundbreaking year for employment litigation topics, and Illinois’ Biometric Information Privacy Act (BIPA) is no exception. State and federal appellate courts in Illinois...
View ArticleHHS Extends Public Comment Period for Proposed HIPAA Privacy Rule Changes
On March 9, the Department of Health and Human Services announced it was extending until May 6, 2021, the comment period for proposed changes to regulations implementing the Health Insurance...
View ArticleU.S. Supreme Court Adopts Narrow Autodialer Definition in 9-0 Defense Victory
On April 1, 2021, the U.S. Supreme Court issued its long-awaited opinion in Facebook v. Duguid, which resolved a circuit split regarding the meaning of “automatic telephone dialing system” (autodialer...
View ArticleColleges Should Brace for Next Phase of COVID-19 Class Actions
Almost exactly a year ago, the first COVID-19 tuition reimbursement lawsuits were filed against higher education institutions across the United States and we warned of the continued onslaught of such...
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Tech Investing Part 1: Zero Hour
The technology sector runs the gamut from artificial intelligence (AI), the Internet of Things (IoT) to SaaS companies or cybersecurity, and from the biggest household names to the smallest companies...
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DOL’s New Cybersecurity Guidance
On April 14, 2021, the United States Department of Labor (the “DOL”) issued for the first time guidance to retirement plan sponsors, fiduciaries, record keepers, service providers and plan...
View ArticleBiden Administration Orders Improvements to Cybersecurity and Federal...
On May 12, President Biden signed an executive order mandating that the federal government significantly improve cybersecurity within its networks and modernize federal cyber defenses. This move...
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As HIPAA, HITECH Undergo Modernization, NIST Seeks Comment on Security...
On January 21, 2021, the Department of Health and Human Services (HHS) published proposed modifications to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health...
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Federal Law Won’t Protect Your Organization from Bad User Access Control...
Yesterday, the Supreme Court resolved a circuit split on the scope of the Computer Fraud and Abuse Act of 1986 (CFAA) in a decision that emphasizes the importance of how organizations manage access to...
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Starting at the Beginning: California Privacy Protection Agency Board Meets...
On June 14, 2021, the Board of the newly-formed California Privacy Protection Agency (“CPPA”) held its first public meeting. The Board had an extensive agenda, covering topics such as the laws...
View ArticleTCPA Standing: A New Circuit Split and Other Developments
Two U.S. Circuit Courts of Appeals recently weighed in on what it takes to establish standing to pursue a Telephone Consumer Protection Act (TCPA) claim. The 5th Circuit held that receipt of one...
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