Gerard Stegmaier

Firm/Organization: Reed Smith LLP

Blogs: AdLaw By Request®, Antitrust and Competition Report, Global Regulatory Enforcement Law Blog, Life Sciences Legal Update, Real Estate Legal Update, Technology Law Dispatch

Latest Articles

Technology Law Dispatch

IAB issues CCPA compliance framework for public comment

By Keri S. Bruce & Gerard Stegmaier

October 30, 2019

Given the vast challenges California’s sweeping new privacy law, the California Consumer Privacy Act (CCPA), poses for digital marketing, the Interactive Advertising Bureau (IAB) released for public comment a draft of its proposed Compliance Framework for Publishers & Technology Companies (the Framework) on October 22. “Selling” and CCPA challenges for digital. Those who have been actively preparing for CCPA’s implementation on January 1 know by now that pursuant to section 1798.115(d) of the CCPA, a…

Global Regulatory Enforcement Law Blog

Ninth Circuit rejects privacy argument in hiQ Labs, Inc. v. LinkedIn Corp.; raises antitrust concerns

By Gerard Stegmaier, Christopher Brennan, Michelle A. Mantine & Gregory Vose

October 3, 2019

On September 9, 2019, the Ninth Circuit Court of Appeals rejected LinkedIn’s privacy argument in hiQ Labs, Inc. v. LinkedIn Corp., declaring that selectively banning potential competitors from accessing and using public data “may well be considered unfair competition under California law.” The Ninth Circuit also cautioned Big Tech companies against anticompetitive practices when it comes to user data. Our Antitrust and IP, Tech & Data teams describe the implications in our recent alert.…

Antitrust and Competition Report

Ninth Circuit’s decision in hiQ Labs, Inc. v. LinkedIn Corp. has major antitrust implications

By Gerard Stegmaier, Christopher Brennan, Michelle A. Mantine & Gregory Vose

October 3, 2019

In hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783, 2019 WL 4251889 (9th Cir. Sept. 9, 2019), a Ninth Circuit panel affirmed the district court’s grant of a preliminary injunction in favor of hiQ, which prohibited LinkedIn from denying access to publicly available data on LinkedIn profiles. The Ninth Circuit declares that selectively banning potential competitors from accessing and using public data “may well be considered unfair competition under California law.” This decision that could…

Technology Law Dispatch

A new California privacy initiative seeks to further bolster individual privacy rights

By Kimberly Gold, Gerard Stegmaier, Alexis Cocco, Jacqueline Lefebvre & Taber Rueter

September 30, 2019

Another potentially groundbreaking California ballot initiative has been announced, just as companies began to digest and incorporate the amendments to the California Consumer Privacy Act (CCPA) into their compliance plans and learned the draft CCPA regulations will be issued by the California Attorney General in October. Last week, the primary advocate for and co-architect of the CCPA announced a new privacy initiative for California’s November 2020 ballot – the California Privacy Rights and Enforcement Act …

Life Sciences Legal Update

Key questions linger after recent amendments to California Consumer Privacy Act

By Bart Huffman, Gerard Stegmaier, Wendell Bartnick & Alexis Cocco

September 19, 2019

Last week marked the end of legislative activity in the state of California for 2019, and with the impending California Consumer Privacy Act (CCPA or the Act) going into effect on January 1, 2020, many businesses were waiting optimistically for some clarification on lingering questions. The California legislature did pass five bills amending the Act, presenting minimal real relief for businesses affected by this sweeping law. Some key questions remained: Would employee data be excluded?…

Technology Law Dispatch

Last minute amendments likely finalize CCPA language for January 1 deadline.

By Bart Huffman, Gerard Stegmaier, Wendell Bartnick & Alexis Cocco

September 17, 2019

Late last week, the California legislature approved five bills intended to clarify the scope and required compliance obligations of the California Consumer Privacy Act (CCPA or the Act). Organizations now have just over three months to determine whether they need to comply with the newly amended CCPA, assess what their obligations are, and implement the policies, procedures, and operational changes necessary to comply with the law. Five amendments passed: AB 25, AB 874,…

Technology Law Dispatch

$5 billion Federal Trade Commission settlement with Facebook represents largest privacy enforcement penalty ever

By Gerard Stegmaier

July 30, 2019

The Federal Trade Commission’s (FTC) recent $5 billion settlement with Facebook is unprecedented in multiple respects: The $5 billion penalty represents the largest privacy and data security settlement in history – it is almost 20 times larger than the recent Equifax Inc. settlement and dwarfs recent EU data protection enforcement actions. As part of the settlement, new corporate governance measures relating to privacy and data security will be required, including an independent committee of the…

AdLaw By Request®

FTC and state law enforcement officials announce initiative targeting illegal telemarketing

By Gerard Stegmaier & Mark Quist

June 28, 2019

The Federal Trade Commission (FTC) announced a joint state-and-federal initiative, “Operation Call It Quits,” which targets illegal telemarketing practices that violate the FTC’s Telemarketing Sales Rule (TSR). The TSR, which applies to interstate telephonic marketing communications intended to “induce the purchase of goods or services or a charitable contribution,” makes it illegal to engage in “abusive” acts and practices like failing to transmit caller identification information, calling telephone numbers listed on the National Do Not…

Technology Law Dispatch

FTC and state law enforcement officials step up efforts against illegal telemarketing

By Gerard Stegmaier & Mark Quist

June 27, 2019

Technology Law Dispatch

FTC settlement and warning letters over cross-border personal data transfers

By Mark Quist & Gerard Stegmaier

June 17, 2019

The Federal Trade Commission’s (FTC) recently announced settlement with background check provider SecurTest, Inc. shows the agency remains vigilant regarding businesses’ claims that they comply with the EU-U.S. Privacy Shield Framework (Privacy Shield). Privacy Shield provides U.S. businesses with a legally recognized mechanism for receiving personal data in the United States from the EU. In its complaint against SecurTest, the FTC alleges that for several months SecurTest falsely claimed on its website that it complied…

Gerard Stegmaier

IAB issues CCPA compliance framework for public comment

Ninth Circuit rejects privacy argument in hiQ Labs, Inc. v. LinkedIn Corp.; raises antitrust concerns

Ninth Circuit’s decision in hiQ Labs, Inc. v. LinkedIn Corp. has major antitrust implications

A new California privacy initiative seeks to further bolster individual privacy rights

Key questions linger after recent amendments to California Consumer Privacy Act

Last minute amendments likely finalize CCPA language for January 1 deadline.

$5 billion Federal Trade Commission settlement with Facebook represents largest privacy enforcement penalty ever

FTC and state law enforcement officials announce initiative targeting illegal telemarketing

FTC and state law enforcement officials step up efforts against illegal telemarketing

FTC settlement and warning letters over cross-border personal data transfers

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