Mark Brennan

Firm/Organization: Hogan Lovells

Blogs: Droning On, Focus on Regulation, Global Media and Communications Watch, HL Chronicle of Data Protection

Latest Articles

California AG Releases Proposed CCPA Regulations

By Mark Brennan, Timothy Tobin, Bret Cohen, Melissa Bianchi, Ryan Woo, Jonathan Hirsch & Julian Flamant on October 11, 2019

On October 10, California Attorney General Xavier Becerra (CA AG) released proposed regulations to implement certain provisions of the California Consumer Privacy Act (CCPA). The CA AG also released a Notice of Proposed Rulemaking and Initial Statement of Reasons that provide drafting insights and outline considerations that likely will continue to guide the rulemaking process. The CA AG is accepting written comments from the public until 5:00pm (PST) on December 6, 2019. The proposed regulations…

Global Media and Communications Watch

California Enacts Another CCPA – Robocall Legislation

By Mark Brennan, Arpan Sura & John Castle on October 9, 2019

On October 2, 2019, California Governor Gavin Newsom signed the Consumer Call Protection Act of 2019 to address the rise in deceptive robocalls and protect California consumers from fraudulent calls. The law requires telecommunications service providers to implement Secure Telephony Identity Revisited (STIR) and Secure Handling of Asserted information using toKENs (SHAKEN) protocols by January 1, 2021. These protocols are designed to attest to the authenticity of caller identification data and provide service providers with…

Focus on Regulation

California Enacts Another CCPA – Robocall Legislation

By Mark Brennan, Arpan Sura & John Castle on October 9, 2019

HL Chronicle of Data Protection

The Results Are in: Modest Changes to CCPA Await the Governor’s Signature

By Timothy Tobin, Mark Brennan, Scott Loughlin & Jonathan Hirsch on September 25, 2019

Since the California Consumer Privacy Act’s (CCPA) hasty passage in June last year and minor changes last September, the CCPA has vexed businesses working on compliance. Among many practical challenges, the CCPA often includes inconsistent or ambiguous requirements that have been an obstacle to implementing clear compliance strategies. Businesses, some academics, and various legislators thought that further amendments were needed to make the CCPA work effectively and accomplish its objectives. Over the past several…

Focus on Regulation

Ill-Suited: Private Rights of Action and Privacy Claims

By Mark Brennan, Adam Cooke, Alicia Paller & Joseph J. Cavanaugh on July 19, 2019

“For years, the plaintiffs’ bar has conjured multibillion-dollar class action lawsuits out of largely intangible privacy harms. This wave of litigation is increasingly driven by federal and state statutes that include private rights of action and allow for excessive statutory damages. Given the willingness of some courts to let cases proceed despite a lack of allegations or evidence of concrete harm, this litigation trend shows no sign of abating.” The U.S. Chamber of Commerce Institute…

Global Media and Communications Watch

Ill-Suited: Private Rights of Action and Privacy Claims

By Mark Brennan, Adam Cooke, Alicia Paller & Joseph J. Cavanaugh on July 19, 2019

HL Chronicle of Data Protection

U.S. Supreme Court Sidesteps Important TCPA Deference Issues

By Mark Brennan & Arpan Sura on June 27, 2019

On June 20, 2019, the Supreme Court released its long-awaited decision in PDR v. Carlton & Harris Chiropractic. The Court was expected to provide greater clarity about the extent to which litigants can challenge the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) interpretations in private litigation. Instead of deciding that issue, however, the Court vacated the Fourth Circuit’s ruling and remanded the case for further development. How the Fourth Circuit rules on…

Global Media and Communications Watch

U.S. Supreme Court Sidesteps Important TCPA Deference Issues

By Mark Brennan & Arpan Sura on June 24, 2019

Focus on Regulation

U.S. Supreme Court Sidesteps Important TCPA Deference Issues

By Mark Brennan & Arpan Sura on June 24, 2019

Global Media and Communications Watch

New Nevada Privacy Law With “Sale” Opt-Out Right Will Take Effect Before the CCPA

By Timothy Tobin, Mark Brennan, Scott Loughlin & Ryan Woo on June 4, 2019

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Nevada has a new privacy law. On May 29, Nevada Governor Steve Sisolak signed Senate Bill 220 (SB-220) into law, making Nevada the first state to join California in granting consumers the right to opt out of the sale of their personal information. The act, which amends an existing online privacy notice law, is significantly narrower than the California Consumer Privacy Act (CCPA). It applies only to online activities, defines “consumer” and “sale”…

Mark Brennan

California AG Releases Proposed CCPA Regulations

California Enacts Another CCPA – Robocall Legislation

California Enacts Another CCPA – Robocall Legislation

The Results Are in: Modest Changes to CCPA Await the Governor’s Signature

Ill-Suited: Private Rights of Action and Privacy Claims

Ill-Suited: Private Rights of Action and Privacy Claims

U.S. Supreme Court Sidesteps Important TCPA Deference Issues

U.S. Supreme Court Sidesteps Important TCPA Deference Issues

U.S. Supreme Court Sidesteps Important TCPA Deference Issues

New Nevada Privacy Law With “Sale” Opt-Out Right Will Take Effect Before the CCPA

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