A federal court has ruled that an “established business relationship” can be created during a call, even if that call is a “telephone solicitation” that violates the Telephone Consumer Protection Act (TCPA). Charvat v. Southard Corp., No. 2:18-cv-190 (S.D. Ohio). A copy of the opinion is attached; the defendants in this matter are represented by BakerHostetler. Southard stands for the proposition that the context of a call is important and must be considered in…

Quick Links CJEU Press Release CJEU Decision Press Releases from the Parties Irish Data Protection Commission Max Schrems U.S. Department of Commerce Electronic Privacy Information Center (EPIC) BSA The Software Alliance DIGITALEUROPE 1. Is the EU-U.S. Privacy Shield framework dead? Yes, the Privacy Shield framework has been invalidated. The Court of Justice of the European Union (CJEU) invalidated the Privacy Shield framework based on its finding that the framework does not sufficiently protect EU personal…

Last week, the International Association of Privacy Professionals hosted a keynote session with Stacey Schesser, supervising deputy attorney general (AG) of the California Department of Justice, to discuss the July 1 start of the AG’s enforcement authority under the California Consumer Privacy Act (CCPA). The deputy AG discussed the current scope of the AG’s enforcement authority and confirmed that on July 1, the Office of the Attorney General (OAG) sent businesses an initial round of letters, which included notices of alleged violations.…

Partners Ann O’Brien and Jeewon Serrato and Associate Alyse Stach authored an article published by the International Association of Privacy Professionals (IAPP) on June 23, 2020. The article, “The Thin Line Between Privacy and Antitrust,” discusses how the lines between antitrust and privacy objectives and enforcement are becoming increasingly blurred. The authors describe real-world scenarios in which companies need to find ways to compete, innovate and serve customers while navigating antitrust and privacy issues. Read …

This blog post has been updated to account for additional information related to the California Privacy Rights Act (CPRA) ballot initiative released following original publication of this post. On Friday, June 19, 2020, the Superior Court of California issued a ruling that paved the way for Californians to see the CPRA on the ballot in November. In its ruling, the court recognized that Alastair Mactaggart, the individual responsible for both the CCPA and the CPRA,…

Attorneys play an important role in the incident response process. A skilled and experienced attorney can help organizations effectively respond to a security incident in a way that complies with obligations, protects key relationships, and prevents or mitigates financial consequences. Unfortunately, some have sold the value of involving an attorney in the incident response process as the ability to cloak an investigation in privilege and work product. So there have been surprised reactions to recent…

Dear Friends, In January, we announced the creation of the firm’s 6th practice group—Digital Assets and Data Management. Since September 2010, members of our group have been covering privacy and security topics through our Data Privacy Monitor blog. Today, we are excited to launch our rebranded blog – Data Counsel – to more fully capture our group’s commitment to “everything data and technology”. BakerHostetler’s elevation of the importance of this practice reflects the significance our…