Colorado recently became the latest state to consider a comprehensive consumer privacy law. On March 19, 2021, Colorado State Senators Rodriguez and Lundeen introduced SB 21-190, entitled “an Act Concerning additional protection of data relating to personal privacy”. Following California’s bold example of the California Consumer Privacy Act (“CCPA”) effective since January 2020, Virginia
Does the Workers’ Compensation Act Bar BIPA Claims? Illinois Supreme Court Will Weigh In
The Illinois Supreme Court recently agreed to hear an appeal of an Appellate Court’s decision addressing whether an employee’s claim for damages under Illinois’s Biometric Information Protection Act is preempted by the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”). Back in September, the Illinois Appellate Court for the First Judicial District held that
The Circuit Split Continues: 11th Circuit Weighs in on Standing in Data Breach Litigation
The 11th Circuit recently weighed in on the hottest issue in data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Joining several other circuit courts, the 11th Circuit in Tsao v. Captiva MVP Rest. Partners, concluded that the plaintiff had failed to allege either that
AG Becerra Announces Approval of Additional CCPA Regulations
Here we go again! On March 15th, 2021, the California Department of Justice (“Department”) announced approval of modifications to the California Consumer Privacy Act’s (CCPA) regulations, originally introduced in December of 2020. The new regulations mainly modify provisions related to a consumer’s right to opt out of sale of their personal information, with
Virginia Becomes 2nd State to Enact a Comprehensive Consumer Privacy Law
On Tuesday, March 2nd, Virginia Governor Ralph Northam signed into law the Consumer Data Protection Act (CDPA), officially joining California as the second state with a comprehensive consumer privacy law, intended to enhance privacy rights and consumer protection for state residents. We provide an in-depth analysis of the CDPA here, along with
Court Denies Motion for Class Certification in Employee W-2 Data Breach Litigation
In recent years, there has been an uptick of W-2 phishing scams, and their consequences for an employer extend well beyond leaked data, including potential employee class action litigation. Just last week, a federal court in Illinois rejected a motion for class certification in a data breach case alleging disclosure of employees’ sensitive tax information
NLRB Approves Workplace Social Media Policy Limiting Employees’ Online Communications
Recently, the National Labor Relations Board (NLRB), in a split decision 2-1, approved a California-based ambulance company’s implementation of a social media policy that prohibited employees from “inappropriate communications” related to the company. The NLRB’s ruling reversed a decision by an administrative law judge, back in October 2019, that concluded that the company’s social media
CDC Expands Guidance on Workplace SARS-CoV-2 Testing to Require Informed Consent
As employers continue to grapple with a safe return to the workplace, on January 21, the U.S. Center for Disease Control and Prevention (CDC) issued new guidance for businesses and employers on SARS-CoV-2 testing of employees, as part of a more comprehensive approach to reducing transmission of the virus in non-healthcare workplaces. While the CDC
ACC Launches Data Steward Program: An Approach to Assessing Law Firm Data Security
On December 8th, the Association of Corporate Counsel (ACC), which represents over 45,000 in-house counsel across 85 countries, announced the launch of its Data Steward Program (DSP) to help organizations and their law firms assess and share information about information security relating to client data. The DSP is two years in the making,
OCR Releases Report Summarizing HIPAA Privacy and Security Compliance Failures
In the final days of 2020, the Office for Civil Rights (OCR) at the U.S. Health and Human Service (HHS) released a HIPAA Audits Industry Report (“the Report”), that could be quite helpful to covered entities and business associates for tackling HIPAA compliance as we enter the new year. The Report examines OCR’s findings from