The federal courts have been struggling for several years to clarify Article III standing law. Is it enough that a plaintiff satisfy the elements of a federal consumer protection statute? Is it enough that a data breach have happened? Or,
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Latest from Balch & Bingham LLP - Page 5
California’s CPRA (“CCPA 2.0”) Likely to Pass with Majority of Votes Counted
As the nation closely watches the election results coming in, the majority of votes counted in California suggest that the California Privacy Rights Act of 2020 (“CPRA”, or commonly known as “CCPA 2.0”), is on track to pass. Proposition 24…
RETREAT! “Agent Fee” Class Actions Moving Against Plaintiffs
Earlier this year, Balch & Bingham reported on the wave of “Agent Fee” class actions against lenders who made PPP loans under the CARES Act. At one point, there were over sixty such lawsuits, spread across the federal courts, alleging…
NIST Publishes Technical Note on Predicting Botnet Attacks
On October 22, 2020, the National Institute of Standards and Technology (“NIST”) published NIST Technical Note (TN) 2111, “An Empirical Study on Flow-based Botnet Attacks Prediction”. The note, authored by Mitsuhiro Hatada and Matthew Scholl of NIST’s Information Technology Laboratory,…
California Attorney General Proposes Third Set of Modifications to CCPA Regulations
On October 12, 2020, California’s Attorney General proposed a third set of modifications to California Consumer Privacy Act (“CCPA”) regulations. These proposed modifications come nearly two months after the final regulations were approved and made effective by the California Office…
OCC Issues $400 Million Civil Penalty in Consent Order with Citibank Over Risk and Data Governance
On October 7, 2020, The Office of the Comptroller of the Currency (“OCC”) announced that it had assessed a $400 million civil penalty against Citibank, N.A. regarding alleged deficiencies in its enterprise-wide risk management and data governance programs and its…
Brazil’s Data Protection Law (“LGPD”) Retroactively Effective
On September 18, 2020, Brazil’s data protection law (Lei Geral de Proteção de Dados Pessoais, or “LGPD”) became retroactively effective August 16, 2020. Penalties do not begin until August 1, 2021, based on a previous delay passed by Brazil’s legislature.…
California Advances Bills Extending CCPA Employee / B2B Exemption and Regulating Contact Tracing
On August 19, 2020, the California State Assembly on Appropriations ordered to a second reading Assembly Bill (“AB”) 1281, which would extend the exemption of the California Consumer Privacy Act (“CCPA”) in relation to employee information and business-to-business (“B2B”) transactions…
Florida Judge Dismisses First-Filed PPP Agent Fee Class Action, Holds the CARES Act Contains No Requirement Agents be Paid
In a landmark decision Monday, the United States District Court for the Northern District of Florida dismissed a putative class action involving “agent fees” for Paycheck Protection Program (“PPP”) loans under the federal Coronavirus Aid, Relief, and Economic Security (“CARES”)…
Final CCPA Regulations Approved by California OAL, Effective Immediately
On Friday, August 14, 2020, the California Attorney General released the final CCPA regulations issued under the California Consumer Privacy Act of 2018 (“CCPA”) as approved by the California Office of Administrative Law (“OAL”), and filed them with the California…