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What a difference a year makes. In early 2018, the biggest concern for the consumer-facing online ecosystem was probably the then-impending launch of the GDPR. Today, GDPR compliance seems like the least of our worries. California’s “Consumer Privacy Act” takes effect in 10 months, and other states are considering similar laws. Illinois’ Supreme Court just ruled that plaintiffs can recover damages without showing actual harm under the state’s biometric identification law. And, after two decades…
A case filed in 2015 by 21 minors, Juliana v. United States, seeks to hold the U.S. government liable for climate change. After an Oregon federal judge granted an interlocutory appeal to the defendants following a denial of their motion to dismiss, the case is now pending before the Ninth Circuit.…
Until recently, biometric privacy was a niche area of the law that had little application to most companies.  But with the rapid growth in commercial biometric data collection, including voice samples, fingerprints, retina scans, and facial geometry, as well as some recent developments in the applicable case law, it’s probably time for companies to start paying attention.  Indeed, one of our top privacy law predictions for 2019 was a judicial expansion of the notion of
The recent government shutdown can have a profound impact on federal workers. Research by management experts shows that the threat of imminent uncertainty, such as furlough or layoff, can be just as stressful as the furlough or layoff itself. A management professor at West Chester University, Anthony Wheeler, says psychologically, they are the same, the threat to one’s sense of security is the same. The more often the worker hears the threat, such as Presidential…
Where do federal employees go to appeal a suspension or report on-the-job retaliation for exposing mismanagement?  Nowhere lately. Yet this week, Congress will try to address the problem. The Senate Committee on Homeland Security and Governmental Affairs on Wednesday will once again consider nominees to the Merit Systems Protection Board (MSPB), while the House Committee on Oversight and Reform will hold a hearing to discuss the issue on Thursday. That three-person board, which hears…
A woodworker, a filmmaker, and a designer — all just kids with their own businesses — were among those who testified this week before a Colorado legislative committee in support of the Legalizing Minors’ Businesses bill. Lobbyists for National Federal of Independent Business (NFIB) and Colorado Retailers Council weighed in as full-throated backers of Senate Bill 19-103, which ended up getting a favorable recommendation from the Senate Business, Labor, and Technology Committee. The kids and…
A key policy of UK financial regulation since the financial crisis has been the ring-fencing of retail banks into separate and independently operated entities, so-called “ring-fenced bodies” (RFBs), distinct from entities that carry on other, and especially investment, banking activities within the same corporate group. Such structural regulation of the banking sector – which went into effect on January 1, 2019, for all UK banks with more than £25 billion of retail deposits  – was…
In case you were unaware, the City of Los Angeles is considering a ban on the manufacture and sale of fur products in the City of Los Angeles. While fur bans are not new, West Hollywood and San Francisco have had them for some time for example, the proposed ban in LA covers not only the sale of fur products, but the manufacture of fur products.  That could have a grave impact on LA’s garment…
Democratic Congressman Bill Foster, who represents the 11th District of Illinois, has sent a letter to Maxine Waters, Democratic Chairwoman of the House Financial Services Committee, to express his “strong interest in serving as the Chair of the Taskforce on Financial Technology and Innovation that will be convened in the coming weeks.”  Ms. Waters announced her plans to create the Taskforce upon becoming Chairwoman. In his letter (obtained by Politico), Mr. Foster mentions various credentials…
Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Law enforcement officers have no problem using the latest and greatest technologies to police the people, whether it’s using facial recognition tools, cellphone geolocation data, or recordings obtained from smartphone technologies such as Amazon’s Alexa. But it seems that when the people use the very same tools to police the police – well, that simply won’t do.…