Debevoise Data Blog

JANUARY 12, 2021

Background Banking organizations already are subject to reporting obligations of cyber events and data breaches under applicable federal and state laws. Many other states’ laws are modeled on California’s law. Below we provide context for the Proposed Rule and outline its key features. operations.

Failure-to-appear 52

Failure-to-appear State law Law Law 52

3 Geeks and a Law Blog

JULY 11, 2023

So I definitely think data. And I’m not a lawyer, but I would think that that would help limit your liability in these types of cases, or Oren Leib 29:44 I am a lawyer, but I would definitely defer to Trisha on this one. Not all, I believe only one or two state laws in the US require it.

Law firm 189

Law firm Time-tracking Due diligence Attorney 189

Debevoise Data Blog

MAY 17, 2024

While the Proposed Amendments defined “substantial harm or inconvenience,” Amended Reg S-P removed these definitions. With Amended Reg S-P, the SEC expanded the scope of information covered by the Safeguards and Disposal Rules by adjusting the definition of “customer information.” Covered Customers. Adopting Release at 48-49.

e-records 52

e-records Compliance e-filing Due diligence 52

3 Geeks and a Law Blog

SEPTEMBER 5, 2023

So that’s definitely a, you know, the automation is definitely something that helps uncover, you know, the, the not just the good data that’s out there. So it definitely has impact cross functionally as well. But just the the mess of data that can be out there as well. What types of unique data privacy and AI ethics challenges?

Time-tracking 162

Time-tracking Hearing Compliance e-filing 162

Debevoise Data Blog

DECEMBER 1, 2021

Information Privacy Law. Addressing the medical privacy essentials: HIPPA and the new challenges posed by the rise of telemedicine, especially during the Covid-19 pandemic, this chapter closely examines medical privacy and it contains helpful practice notes pertaining to HIPPA’s intricate definitions and requirements.

Law 52

Law Law Data protection Litigator 52

Discovery Advocate

JUNE 7, 2023

While declining to formally adopt either definition, the court found that the plaintiffs failed to demonstrate the company had control over its employees’ personally owned cellphones under either analysis because the company’s BYOD policy failed to assert ownership, control or the ability to access personal text messages.

Court 52

Court e-discovery Defendant e-records 52

Discovery Advocate

JUNE 8, 2023

While declining to formally adopt either definition, the court found that the plaintiffs failed to demonstrate the company had control over its employees’ personally owned cellphones under either analysis because the company’s BYOD policy failed to assert ownership, control or the ability to access personal text messages.

Court 52

Court e-discovery Defendant e-records 52

Eric Goldman

AUGUST 22, 2023

While acknowledging that the Copyright Act does not define “author,” the district court appears to cite modern definitions of “author” to support its conclusion that “[b]y its plain text, the [Copyright Act] requires a copyrightable work to have an originator with the capacity for intellectual, creative, or artistic labor.”

Court 98

Court Defendant State law Software 98

Inside Privacy

MARCH 27, 2023

Disclosure Presentation : The Rule adopts the definition of “clear and conspicuous” from the FTC’s Policy Statement, which requires that disclosures related to the negative option feature appear “immediately adjacent to the means of recording the consumer’s consent.”

State law 65

State law Law Law 65

Berkley Technology Law Journal

JULY 9, 2022

And I think they could certainly be protected under both copyright, to which we typically turn to protect works of art, and also state law rights of publicity, to which we typically turn to protect people’s names, images, and likenesses. Kavya Dasari] [45:45] Now that’s definitely a fair point.

Intellectual Property 130

Intellectual Property Law Law Court 130

Debevoise Data Blog

JUNE 11, 2024

state law developments all reinforce the incentives for companies to adopt AI governance programs. The Law includes a list of technologies that are expressly excluded from the definition of high-risk AI systems, including, e.g., calculators, databases, spreadsheets, and databases.

Law 40

Law Law Compliance Attorney 40

Debevoise Data Blog

APRIL 29, 2022

Unlike the State Privacy Laws, the UCPA does not provide an opt-out right for data used for profiling. Bottom Line : The UCPA’s definition of “sale” is more limited than the definition under CCPA/CPRA and ColoPA. UCPA § 13-61-103(31)(b)(iii).

Law 52

Law Law Data protection Attorney 52

Debevoise Data Blog

DECEMBER 22, 2023

Following concerns that ambiguities in the definitions gave rise to a risk of circumvention, the Guidelines clarified that: “Information” includes both non-personal and personal data, regardless of how it was stored and by whom.

Data protection 52

Data protection Time-tracking Compliance Machine learning 52

Debevoise Data Blog

MAY 23, 2022

Like other state privacy laws, the CTPA contains a number of entity-based and data-based exemptions, including financial institutions covered by the Gramm-Leach-Bliley Act, national securities associations that are registered under the Securities Exchange Act of 1934, and data regulated by the Fair Credit Reporting Act, among other exemptions.

Law 40

Law Law Compliance Attorney 40

Debevoise Data Blog

OCTOBER 18, 2021

Illinois’ Biometric Information Privacy Act (“BIPA”) excludes both “digital photographs” and “information derived from” photographs from the definition of “biometric information.” State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data.

Law 52

Law Law Court Time-tracking 52

Legal Tech Monitor

JULY 11, 2023

So I definitely think data. And I’m not a lawyer, but I would think that that would help limit your liability in these types of cases, or Oren Leib 29:44 I am a lawyer, but I would definitely defer to Trisha on this one. Not all, I believe only one or two state laws in the US require it.

Law firm 52

Law firm Time-tracking Due diligence Attorney 52

Legal Tech Monitor

SEPTEMBER 4, 2023

So that’s definitely a, you know, the automation is definitely something that helps uncover, you know, the, the not just the good data that’s out there. So it definitely has impact cross functionally as well. But just the the mess of data that can be out there as well. What types of unique data privacy and AI ethics challenges?

Time-tracking 52

Time-tracking Hearing Compliance e-filing 52

Justia Legal Marketing & Technology blog

JUNE 29, 2023

Some key factors to evaluate when choosing among different options include not only the amount of benefits and the cost in premiums but also the length of time for which benefits will be paid, any waiting period before getting benefits, and the definition of disability in the policy. These provide greater protection for an additional cost.

Law 246

Law Law Federal law Hearing 246

Eric Goldman

APRIL 29, 2023

The court says those aren’t DMCA takedown notices by definition, because they didn’t assert any copyright interests; so they are outside 512(f)’s scope. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Because the other 21 didn’t have any effect, the court ignores those.

Court 106

Court Failure-to-appear Lawsuit State law 106

Debevoise Data Blog

JULY 12, 2022

Even if not enacted, its provisions are likely to influence a future federal privacy law. And, in many ways, the ADPPA may set a new minimum standard that will shape any state laws passed to fill the void left by the lack of a federal privacy law. We’ve previously written about the development of U.S. ADPPA § 2(9).

State law 52

State law Federal law Compliance Data protection 52

Eric Goldman

DECEMBER 15, 2023

If you’re new to FOSTA cases and you are baffled by the layers of inferences and arguments here, you are definitely not alone. However, FOSTA was not designed as an anti-CSAM law, so the plaintiffs’ claims don’t really fit the legal doctrine. (Indeed, almost all of the opinion is spent explaining the background).

Lawsuit 125

Lawsuit Court Defendant Hearing 125

Eric Goldman

JUNE 7, 2023

By definition, Snap’s failure to remove CSAM distributed on Snapchat by third parties, and Apple’s and Google’s choice to allow Snapchat to remain available for download in their online stores, involve “reviewing. and deciding whether to publish or to withdraw from publication third-party content.”

Failure-to-appear 118

Failure-to-appear Defendant Lawsuit Court 118

Eric Goldman

JULY 23, 2023

” Given this court believes the issue is definitively resolved, I’m sure plaintiffs will stop making the 1591/1595 argument. Reddit, Inc. , 4th 1137, 1141, 1145 (9th Cir. 2022), and so all courts to have decided the issue thus far are now in alignment.”

Lawsuit 97

Lawsuit Court Defendant Hearing 97

Debevoise Data Blog

OCTOBER 26, 2021

This approach promises a reduced need to amend business practices, as it anticipates the likelihood that the law will grow stricter in more jurisdictions over time. Companies contemplating adoption of some form of the highest-common-denominator approach should consider: Adhering to the broader definitions of biometric identifiers.

Compliance 52

Compliance Federal law Data protection Machine learning 52

Berkley Technology Law Journal

DECEMBER 24, 2022

Are there any examples of other states or international examples that this abuse of this data has been more hampered than here in California? Matt] 26:54 I’m not aware of a similar sharing prohibition, a limit on sharing of ALPR information in another state law.

Attorney 100

Attorney Law Law Time-tracking 100

Debevoise Data Blog

JULY 9, 2021

further in the direction of European-style privacy law. Colorado and Nevada join California and Virginia in adding to the growing patchwork of disparate state laws — making it that much harder for any business seeking to have a single privacy program that is compliant everywhere.

Data protection 40

Data protection Attorney Compliance State law 40

Debevoise Data Blog

JANUARY 23, 2025

Inconsistent State Laws. The Report also underscores the challenges posed by the emerging patchwork of conflicting state laws regulating AI use in financial services, which respondents noted could hinder responsible AI adoption and create risks of regulatory arbitrage.

Compliance 52

Compliance Intellectual Property Due diligence e-records 52

Richmond Journal of Law and Technology

MARCH 7, 2025

These include the scope through which the FDBR’s restrictive definition of “controller” would be applied federally, the potential to stifle innovation, and unclear enforcement methods. Nevertheless, there are some concerns with the FDBR that would likely pose significant challenges to the adoption of a federal version.

Compliance 52

Compliance Data protection Federal law Court 52

Eric Goldman

SEPTEMBER 27, 2024

The Florida federal court might also apply Florida state law, which includes the old Doe v. ” Because the language is so plain , the court uses dictionary definitions of “publisher” and “speaker” (seriously). The court acknowledges an almost identical case from a Florida district court case, Doe v.

Court 106

Court Lawsuit Judge Defendant 106

3 Geeks and a Law Blog

JUNE 28, 2023

But I believe there are regulations coming out of Texas, Washington, and California, the California law might actually have sunsetted, earlier this year, but there are state laws coming up, kind of like data privacy regulations, which we often call a patchwork, because they’re slightly conflicting.

Litigator 147

Litigator Litigation Court e-discovery 147

Legal Tech Monitor

JUNE 28, 2023

But I believe there are regulations coming out of Texas, Washington, and California, the California law might actually have sunsetted, earlier this year, but there are state laws coming up, kind of like data privacy regulations, which we often call a patchwork, because they’re slightly conflicting.

Litigator 52

Litigator Litigation Judge Court 52