With the 2024 election rapidly approaching, the Biden Administration must race to finalize proposed agency actions as early as mid-May to avoid facing possible nullification if the Republican Party controls both chambers of Congress and the White House next year.
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California Senate Committee Advances Comprehensive AI Bill
On April 2, the California Senate Judiciary Committee held a hearing on the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act (SB 1047) and favorably reported the bill in a 9-0 vote (with 2 members not…
Court Denies Class Certification in Antitrust Case Based on Expert’s Reliance on Unsupported Assumptions in Damages Model
The Northern District of Illinois recently denied certification to several proposed classes of purchasers of a seizure drug called Acthar in City of Rockford v. Mallinckrodt ARD, Inc., No. 3:17-cv-50107, 2024 WL 1363544 (Mar. 29, 2024). Class plaintiffs had alleged that…
New HSR Rules Will be Finalized Within Weeks, According to DOJ Official
Last summer, the antitrust agencies proposed sweeping changes to the Hart-Scott-Rodino (“HSR”) Act premerger notification form and associated rules. Covered in detail here, the proposed changes would significantly increase the time, burden, and costs on merging parties to prepare…
FCC Approves Rule Change Revolutionizing Radio Industry
On April 2, 2024, the FCC released a Report and Order (the “Order”) and Further Notice of Proposed Rulemaking (the “Further Notice”) approving a rule change on a bipartisan, unanimous basis to allow radio broadcasters to use FM boosters to…
California Privacy Protection Agency Issues Enforcement Advisory on Data Minimization
On April 2, the Enforcement Division of the California Privacy Protection Agency issued its first Enforcement Advisory, titled “Applying Data Minimization to Consumer Requests.” The Advisory highlights certain provisions of and regulations promulgated under the California Consumer Privacy Act…
U.S. Competition Agencies File Statement of Interest in Algorithmic Pricing Case
On March 28, 2024, the U.S. Department of Justice and the Federal Trade Commission jointly filed a Statement of Interest on behalf of the United States in the case of Cornish-Adebiyi v. Caesars Entertainment, 1:23-CV-02536 (D.N.J. Mar. 28, 2024).
In the…
CPPA Executive Director Remarks on Policy and Enforcement Priorities
A new post on the Covington Inside Privacy blog discusses remarks by California Privacy Protection Agency (CPPA) Executive Director Ashkan Soltani at the International Association of Privacy Professionals’ global privacy conference last week. The remarks covered the CPPA’s priorities for…
EDPB 2023 Coordinated Enforcement Framework on DPOs: What Are the Key Takeaways for Organizations?
On January 17, 2024, the European Data Protection Board (“EDPB”) published its report on the 2023 Coordinated Enforcement Framework (“CEF”), which examines the current landscape and obstacles faced by data protection officers (“DPOs”) across the EU. In particular, the report…
February 2024 Developments Under President Biden’s Cybersecurity Executive Order, National Cybersecurity Strategy, and AI Executive Order
This is the thirty-fourth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions…