Jim Barbuto

Firm/Organization: Reed Smith LLP

Blogs: AdLaw By Request®, Employment Law Watch, FinTech Update, Global Regulatory Enforcement Law Blog, Technology Law Dispatch, The Policyholder Perspective

Latest Articles

AdLaw By Request®

New York Appeals Court says fantasy sports are illegal

By John P. Feldman, Jim Barbuto & Brent McDonough

February 12, 2020

Introduction On February 6, 2020, the New York Supreme Court’s Appellate Division, Third Department upheld a lower court ruling from 2018 which held that daily fantasy sports (DFS) contests amount to illegal gambling, and are thus unconstitutional in the state. In light of this decision, the New York DFS operations of popular companies like FanDuel and DraftKings will be called into question at the same time that legal sports betting is in its relative infancy…

Technology Law Dispatch

Uncertainty persists in biometric litigation

By Michael Galibois, Gerard Stegmaier, Jim Barbuto & Brent McDonough

February 4, 2020

Companies facing class action litigation stemming from Illinois’ Biometric Privacy Act, 740 ILCS 14/1 et seq. (BIPA), will not get conclusive guidance from the U.S. Supreme Court on the issue of Article III standing. Despite the substantial increase in BIPA class actions filed between 2018 and 2019, and amici briefs imploring the Supreme Court to review a Ninth Circuit holding for one such case, the high court declined to weigh in and denied certiorari. As…

Technology Law Dispatch

New year, new laws: Washington re-introduces comprehensive privacy act among flurry of 2020 consumer privacy bills

By Kimberly Gold, Sarah Bruno & Jim Barbuto

January 23, 2020

Washington state’s lawmakers started the 2020 legislative session with a renewed focus on consumer privacy through the introduction of ten privacy-related bills across the state House and Senate on January 13. Chief among these proposals was the comprehensive Washington Privacy Act (WPA), a new version of which was re-introduced in the Senate after the previous bill died in the House in 2019. The WPA continues to draw comparisons to the now-effective California Consumer Privacy Act…

Employment Law Watch

Illinois takes first step to combat bias in hiring decisions with Artificial Intelligence Video Interview Act

By Gerard Stegmaier, Stephanie Wilson, Alexis Cocco & Jim Barbuto

January 21, 2020

As the use of artificial intelligence in employment decisions grows, regulations on the practice will increase as well. Illinois has kicked off these regulations with the Artificial Intelligence Video Interview Act, which requires employers to disclose and job applicants’ consent before using artificial intelligence on candidate videos when used to assess an individual’s fitness for employment. To prepare to comply with this law, and additional laws that we expect to follow, employers need to understand how…

Technology Law Dispatch

New Illinois employment law signals increased state focus on artificial intelligence in 2020

By Gerard Stegmaier, Stephanie Wilson, Alexis Cocco & Jim Barbuto

January 21, 2020

With the Artificial Intelligence Video Interview Act (effective January 1, 2020), or “AI Video Act,” Illinois has passed a groundbreaking new law regulating the use of artificial intelligence (“AI”) in video recruitment practices. Background Employers increasingly seek tech-enabled tools to facilitate the hiring, evaluation, retention and development of their workforces. However, as the implementation of new technology grows, old problems, like bias and disparate impact, may surface in new ways. While the White House has …

Technology Law Dispatch

Biometric privacy: The year in review and looking toward 2020

By Kimberly Gold, Michael Galibois, Jim Barbuto & Noelle Klockner

January 9, 2020

2019 signalled significant growth in both regulatory focus and litigation involving biometric privacy. The passage of the California Consumer Privacy Act (CCPA), the addition of biometrics to numerous state data breach notification laws (including New York), and continued class action lawsuits emanating from Illinois’ Biometric Information Privacy Act (BIPA) made biometrics a trend line in 2019 that shows no signs of slowing down in 2020. State legislatures will continue to take note of BIPA’s…

Employment Law Watch

New data security law has broad implications for New York employers

By Kimberly Gold, Mark S. Goldstein, Alexandra Manfredi & Jim Barbuto

October 25, 2019

On October 23, 2019, New York state’s Stop Hacks and Improve Electronic Data Security (SHIELD) Act went into effect. The law broadens the state’s existing breach notification laws and imposes new security obligations for companies doing business in New York, including an expanded focus on how companies handle biometric data. The SHIELD Act also applies to employee information, as long as there is at least one employee in New York state, regardless of the size…

Technology Law Dispatch

Implications for employers and the biometric landscape under New York’s expanded data security law

By Kimberly Gold, Mark S. Goldstein, Alexandra Manfredi & Jim Barbuto

October 25, 2019

Over the past several years, legislators from coast to coast have increasingly made data privacy and cybersecurity top priorities. The result has been a spike in the number and stringency of laws that impose proactive and reactive responsibilities – covering, for instance, data security and breach notifications – on companies that collect personal information, whether from their customers, their employees, end users, or others. That legislative trend has recently expanded previous obligations of companies conducting…

Technology Law Dispatch

The facial scan that launched a thousand laws: biometric privacy legislation trend continues to grow nationwide

By Kimberly Gold, Michael Galibois & Jim Barbuto

August 26, 2019

Many states are following in the footsteps of Illinois’ Biometric Information Privacy Act (BIPA), a law that has led to an increase in the volume of class action privacy litigation and highlighted the importance of enterprise-level management of biometric data (e.g., fingerprint, voiceprint, and retina, facial, or iris image). Organizations that collect and use biometric data for employee tracking or consumer-facing uses (including the collection and use of characteristics like heart rate or step counts)…

Technology Law Dispatch

Final guideline for Internet personal information protection published by Chinese Ministry of Public Security

By Xiaoyan Zhang, Amy Yin, Jim Barbuto & Catherine Jing

May 12, 2019

After soliciting public comments since last November, the Chinese Ministry of Public Security (MPS) published the finalized Guideline for Internet Personal Information Security Protection (Guideline) on April 10, 2019. The Guideline applies to Personal Information Holders, defined as entities or individuals that “control and process personal information” through their provision of services using the Internet, private networks, or offline. As China’s primary cybersecurity regulator under China’s Cybersecurity Law (CSL), MPS previously issued regulations specific to…

Jim Barbuto

New York Appeals Court says fantasy sports are illegal

Uncertainty persists in biometric litigation

New year, new laws: Washington re-introduces comprehensive privacy act among flurry of 2020 consumer privacy bills

Illinois takes first step to combat bias in hiring decisions with Artificial Intelligence Video Interview Act

New Illinois employment law signals increased state focus on artificial intelligence in 2020

Biometric privacy: The year in review and looking toward 2020

New data security law has broad implications for New York employers

Implications for employers and the biometric landscape under New York’s expanded data security law

The facial scan that launched a thousand laws: biometric privacy legislation trend continues to grow nationwide

Final guideline for Internet personal information protection published by Chinese Ministry of Public Security

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