ArticleAll CPRA Comments Due November 8, 2021The California Privacy Protection Agency refreshed its invitation for public comments on the California Privacy Rights Act regulations. United StatesPrivacyCovington & Burling
ArticleProposed Bill Would Expand The Scope Of The CMIAIn a new post on the Covington Digital Health blog, our colleagues discuss proposed legislation that would expand the definition of "provider of health care" under California's Confidentiality of Medical Information Act ("CMIA"). United StatesFood, Drugs, Healthcare, Life SciencesCovington & Burling
ArticleCalifornia Privacy Protection Agency Clarifies Timing Of Forthcoming CPRA RegulationsLast week the California Privacy Protection Agency ("CPPA") held its sixth Board meeting and first meeting of 2022.United StatesPrivacyCovington & Burling
ArticleFinancial Institution Reaches Settlement In Call Recording Class ActionA financial institution and its vendor recently reached a $50 million settlement in a class action lawsuit for violating the call recording provision of the California Invasion of Privacy Act ("CIPA").United StatesPrivacyCovington & Burling
ArticleCovington Releases 50-State Survey Of Campaign Finance, Lobbying, And Gift Rules (2022 Edition)Corporations, trade associations, non-profits, other organizations, and individuals face significant penalties and reputational harm if they violate state laws governing corporate and personal political activities...United StatesGovernment, Public SectorCovington & Burling
ArticleFCC Chair's Proposed Order: Ringless Voicemails Require Prior ConsentFCC Chairperson Jessica Rosenworcel issued a press release on Wednesday stating that she has circulated to her fellow FCC commissioners and proposal that...United StatesMedia, Telecoms, IT, EntertainmentCovington & Burling
ArticleCalifornia Governor Signs Legislation To Expand Genetic Privacy Protections After Last Year's VetoOn Wednesday, October 6th, Governor Gavin Newsom signed SB 41, the Genetic Information Privacy Act, which expands genetic privacy protections for consumers in California.United StatesPrivacyCovington & Burling
ArticleCMS Proposal Would Impact Coverage Of Innovative Digital Health TechnologiesThe MCIT/RN Rule was intended to address concerns that delay or uncertainty around Medicare coverage hampered beneficiary access to innovative technologies. United StatesFood, Drugs, Healthcare, Life SciencesCovington & Burling
ArticleNew California Rules Target Amplification Of Online AdvertisingIn the digital age, it has become common to accuse opponents of propping up their online presence through paying influencers, buying followers or likes,...United StatesMedia, Telecoms, IT, EntertainmentCovington & Burling
ArticleCalifornia Federal Court Adopts Narrow Reading Of Telephone "Instrument" Under The California Invasion Of Privacy ActLast year, Apple's iOS14 incorporated a new feature notifying users when an app copied from the iPhone's clipboard. The feature resulted in media scrutiny for a number of well-known app...United StatesPrivacyCovington & Burling
ArticleCalifornia Legislature Introduces Bills To Extend Employment And Business-To-Business Data ExemptionsAs companies begin to prepare their CPRA compliance strategies, they are grappling with whether to include personal information processed in employment and business-to-business contexts.United StatesPrivacyCovington & Burling
ArticleColorado Attorney General Remarks On CPA RulemakingOn April 12, at the International Association of Privacy Professionals' global privacy conference, Colorado Attorney General Phil Weiser gave remarks on his office's approach to the rulemaking...United StatesPrivacyCovington & Burling
ArticleCompanies Increasingly Facing Class Actions Connected To Cryptocurrency TheftA recent class action refiled in federal court against Shopify highlights a growing trend of lawsuits against companies related to the theft of cryptocurrency, particularly as a result of internal company threats.United StatesTechnologyCovington & Burling
ArticleFourth Circuit Holds Statements About Importance Of Data Security Not ActionableThe Fourth Circuit's opinion last week in In re Marriott International, Inc., — F.4th —-, No. 21-1802 (4th Cir. Apr. 21, 2022), could prove useful to companies facing data breach class actions.United StatesTechnologyCovington & Burling
ArticleFintech Lawsuit Highlights True Lender Risk For Bank Partnership Lending ModelIn the wake of rulings upholding federal regulators' "valid when made" rules, a new lawsuit serves as a reminder that state regulators and class-action plaintiffs' lawyers may continue to challenge...United StatesTechnologyCovington & Burling
ArticleCourt Rejects Dismissal Of Illinois Biometric Information Privacy Act Against Clearview AI In Pending Multidistrict LitigationAn Illinois federal district court recently rejected dismissal of Illinois Biometric Information Privacy Act claims in In re Clearview AI, Inc., Consumer Privacy Litigation, No. 21-cv-135United StatesPrivacyCovington & Burling
ArticleIllinois Supreme Court Rules Workers' Compensation Act Does Not Bar BIPA Liquidated Damages ClaimsOn Thursday, the Illinois Supreme Court unanimously ruled in McDonald v. Symphony Bronzeville Park LLC that the exclusivity provisions of the state's workers' compensation statute...United StatesPrivacyCovington & Burling
ArticleU.S. Congress Introduces Kids Online Safety ActThe bill applies to entities that are a "commercial software application or electronic service that connects to the internet and that is used, or is reasonably likely to be used, by a minor.United StatesPrivacyCovington & Burling
ArticleVirginia Consumer Data Protection Work Group Holds Second Meeting, Hears Recommendations From The Office Of The Virginia Attorney GeneralLast week, Virginia's Joint Commission on Technology and Science held its second meeting of the Consumer Data Protection Work Group.United StatesPrivacyCovington & Burling
ArticleIllinois Court Splits Time On BIPA Statute Of LimitationsAn Illinois state appellate court recently issued a ruling that could reduce defendants' litigation exposure on certain types of Biometric Information Privacy Act ("BIPA") claims.United StatesPrivacyCovington & Burling