Sixth Post in an Extended Series on Legislative Changes to BSA/AML Regulatory Regime

As we have blogged, the Anti-Money Laundering Act of 2020 (“AMLA”) contains major changes to the Bank Secrecy Act (“BSA”), coupled with other changes relating to money laundering, anti-money laundering (“AML”), counter-terrorism financing (“CTF”), and protecting the U.S. financial system against

The latest wrinkle in the ever-changing world of data privacy litigation is the recent surge in state wiretap claims. What began as a trickle over the summer of 2020 has grown into a clear wave as plaintiffs have filed dozens of lawsuits against prominent tech, eCommerce, entertainment, and retail companies under state wiretap laws.  These lawsuits seek statutory damages for the alleged interception of consumers’ electronic communications through the defendant’s use of various website analytic tools.  Insofar as the use of website analytics tools is ubiquitous on the internet, privacy litigators are carefully watching the progress of these state wiretap claims. If successful, state wiretap claims could become the next TCPA, threatening virtually every company with a sizable web presence in the U.S.
Continue Reading Exploring the Rise in State Wiretap Claims

On September 22nd, the Federal Trade Commission (FTC) hosted an event, “Data To Go: An FTC Workshop on Data Portability,” to examine the potential benefits and challenges to consumers and competition raised by data portability. Data portability means giving consumers the ability to receive a copy of their data for their own use

With the ongoing covid crisis leaving businesses of all sizes concerned about the short and medium term future, the intimidating task of considering a liquidation or restructuring is inevitably starting to become a reality.  Although privacy in the bankruptcy context is nothing new—especially in the context of personally identifiable information (“PII”) held by a company—it

On September 13, 2019—the last day of the legislative session—California lawmakers approved five amendments intended to clarify the scope of the California Consumer Privacy Act (the “CCPA”), but rejected several industry-backed proposals that would have exempted personal information used for targeted advertising and loyalty programs.

Five amendments passed:  AB 25, 874, 1146, 1355, and 1564. 

New York’s proposed data privacy law failed to materialize in the latest legislative session and is now presumed dead.  New York was one of a number of states that proposed sweeping privacy legislation after the enactment of the California Consumer Privacy Act (CCPA). The proposed New York law, in fact, was broader than the CCPA

At what has been described as a marathon hearing that lasted late into the night of July 9, the California Senate Judiciary Committee advanced several amendments to the California Consumer Privacy Act (the “CCPA”), but major changes that opponents claimed would have eroded privacy protections for consumers largely failed.  The bills advanced from the Senate

As we turn the page on 2018, let’s reflect on some of the key privacy and cybersecurity issues that will continue to occupy our hearts and minds in 2019.

Owning the Mega-Breach

2018 was the year in which data breaches in mergers and acquisitions became the iceberg in full view. This fuller realization of cyber risk in transactions, though, actually has its origin in September 2016 – when Yahoo and Marriott were in the midst of deals that would involve some of the largest data breaches on record.
Continue Reading Some Thoughts on the Year in Privacy and Data Security Law

On March 6, 2018, the FTC hosted a live Twitter chat to mark the twentieth anniversary of the Children’s Online Privacy Protection Act (COPPA).  The stated purpose of the chat was to discuss the FTC’s work to enforce COPPA and to ensure the FTC’s rule implementing the law stays in step with evolving technologies and data collection practices.

The chat began with the FTC pointing to its published FAQs, as well as two recent COPPA settlements: a $650,000 settlement with VTech Electronics Limited, which was the FTC’s first children’s privacy case involving Internet-connected toys, and a $235,000 settlement with Prime Sites, Inc., which focused on how a company can gain “actual knowledge” that it is collecting information from a child.
Continue Reading FTC Explains Evolution of COPPA in Live Twitter Chat