Yesterday, on August 10, 2020, the European Commission (“Commission”) and the Department of Commerce (“DoC”) issued a joint statement announcing they are beginning discussions to evaluate potential enhancements to the EU-U.S. Privacy Shield framework. These discussions have begun to address
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Lenders Gain Big Win Resisting MDL Consolidation in PPP Agent Fees Class Action Litigation
On Wednesday, the Judicial Panel on Multidistrict Litigation rejected consolidation of 62 class actions involving Paycheck Protection Program (“PPP”) loans under the federal Coronavirus Aid, Relief, and Economic Security (“CARES”) Act in a multidistrict litigation (“MDL”). These actions claim to
Vermont Amends Data Breach Notification Law, Enacts Student Privacy Act
Vermont Amends Data Breach Notification Law
On July 1, 2020, amendments to Vermont’s Security Breach Notice Act, 9 V.S.A. §§ 2330 & 2335, took effect along with a new “Student Online Personal Information Protection Act.”
Key amendments to the security
Berlin Data Protection Authority Halts Berlin-U.S. Data Transfers Following Schrems II Decision
We previously posted on yesterday’s Schrems II decision issued by the Court of Justice of the European Union (CJEU). Today (Jun 17, 2020), the Berlin data protection authority (Berlin DPA) went even further than the CJEU opinion, issuing a statement
Court Of Justice of European Union (CJEU) Issues Schrems II Decision, Validating Standard Contractual Clauses, Invalidating EU-US Privacy Shield under GDPR
On July 16, 2020, the Court of Justice of the European Union (“CJEU” or “Court”) issued a significant judgment in Case C-311/18 (“Schrems II decision”) on the adequacy of protection provided by the EU-US Data Protection Shield. The court concluded
You’re on Notice: Alabama Court of Civil Appeals Bears Down on Foreclosure “Strict Compliance” in Barnes v. U.S. National Bank, No. 2180699.
Recently the Alabama Court of Civil Appeals held that a mortgagee’s notice of acceleration failed to strictly comply with the mortgage’s notice provisions when it informed the borrower only that she “may” have right to assert defenses against foreclosure, rather
California Attorney General Submits Final Proposed CCPA Regulations
On June 1, 2020, California Attorney General Xavier Becerra submitted a finalized package of CCPA regulations to the California Office of Administrative Law (OAL). The package included not only the final text of the regulations, but also the final statement
Apple and Google Launch Contact Tracing and Coronavirus Exposure API Software
Yesterday (May 20, 2020), Apple and Google launched software that will allow public health authorities to create mobile applications that notify people when they may have come in contact with people who have confirmed cases of
House and Senate Democrats Introduce Public Health Emergency Privacy Act
Today, Senators Blumenthal (D-CT) and Mark Warner (D-VA) introduced the Public Health Emergency Privacy Act (“PHEPA”) into the Senate. A companion house bill was introduced by Reps. Anna Eshoo (D-CA), Jan Schakowsky (D-IL), and Suzan DelBene (D-WA), which was co-sponsored
A personal guarantor who does not have an interest in the property secured by the debt lacks standing to assert wrongful foreclosure.
In In Re: Bay Circle Properties, LLC., No. 1812536, 2020 WL 1696303 (Ala. April 8, 2020), the Eleventh Circuit dismissed an appeal by a guarantor alleging a wrongful foreclosure, because the guarantor did not own the foreclosed property and