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Check out this month’s edition of The Privacy Advisor, a publication of the International Association of Privacy Professionals (IAPP), for Aaron Lancaster and Divonne Smoyer’s and Q&A with Vermont Attorney General T.J. Donovan. As attorney general, he has taken an active role in advocating for consumers’ rights with respect to privacy and data security by engaging with the community on issues of concern and weighing in on state legislation governing data brokers, among other initiatives.…
With the passage of the California Consumer Privacy Act but no clear federal consumer privacy law on the imminent horizon, state Attorneys General (AGs) continue to investigate and analyze how best to protect their consumers. To further that goal, the National Association of Attorneys General hosted a panel entitled Emerging Issues in the Data Economy at its Winter Meeting in Washington, D.C. The panel was convened to discuss the role AGs can and should play…
On February 26 and 27, 2019, the House Subcommittee on Consumer Protection and Commerce, and the Senate Committee on Commerce, Science, and Transportation, respectively, held hearings to explore the potential passage of a national privacy law. In both houses, members of Congress and the panelists agreed that the federal government should enact legislation to protect consumers’ private data without stifling innovation or hurting small businesses. Both hearings were full of much discussion but minimal agreement…
Today the New Jersey Bureau of Securities began rulemaking on a proposed uniform fiduciary standard for investment professionals.  Attached below is the Bureau’s Notice of Pre-Proposal.  Comments on the Pre-Proposal are due to the Bureau by December 14, 2018, and the Bureau will hold two (2) informal conferences (on November 2 and November 19, 2018) in order to take testimony, gather facts, and provide for the opportunity of public comment.  Reed Smith will continue to…
In September of this year, certain congressmen expressed their intention to preempt state regulation of virtual currency regulation.  Rep. Darren Soto (D-Fla.) expressed a need for “partial federal preemption” of state laws and Rep. Warren Davidson (R-Ohio) plans to introduce a bill that may seek federal preemption of state licensing and oversight requirements of virtual currency exchanges. We have seen state push-back on attempts by the federal government to regulate parts of the FinTech space,…
Check out this month’s edition of The Privacy Advisor, a publication of the International Association of Privacy Professionals (IAPP), for Divonne Smoyer and Kimberly Chow’s Q&A with North Carolina Attorney General (AG) Josh Stein. Throughout his tenure as AG, Stein has shown a clear commitment to data privacy and security through his advocacy for strong protection of individuals’ personal information, both in North Carolina and on the national stage. In the interview, he shares his…
Earlier this week, New Jersey Governor Phil Murphy announced that the New Jersey Bureau of Securities would start rulemaking to “impose a fiduciary duty on all New Jersey investment professionals, requiring them to place their clients’ interests above their own when recommending investments.”  The rule is aimed at reconciling the different standards of care that apply to investment professionals, such as broker-dealers and investment advisers.   Addressing the need for this rule, Bureau Chief Christopher Gerold…
The Federal Trade Commission (FTC) will be holding a series of hearings this fall on “Competition and Consumer Protection in the 21st Century,” with the goal of reflecting on the agency’s powers, and state attorneys general (AGs) want to make sure their voices are heard. A bipartisan group of 29 state AGs filed comments with the FTC on August 20, 2018, asking it to consider their unique viewpoints and expertise as state regulators who are…
On June 11, 2018, arguments were held in Maryland District Court in the challenge brought by the D.C. and Maryland attorneys general over the president’s alleged violation of the Emoluments Clause of the Constitution. In Maryland v. Trump, D.C. Attorney General Karl Racine and Maryland Attorney General Brian Frosh have challenged President Donald Trump’s continued operation of and profit from his downtown Washington hotel, which they say violates the constitutional prohibition against the president receiving…
Arizona and its Attorney General’s office have emerged as key players in the effort to prioritize data security on the national stage. Since his inauguration in 2015, Arizona Attorney General Mark Brnovich has struck a balance between supporting innovation and protecting Arizonans’ privacy rights. With the support of Governor Doug Ducey, Arizona is taking active steps to broaden the scope of state privacy protection initiatives. As the current Chair of the Conference of Western Attorneys