Public companies may soon have another regulation to worry about when it comes to their cybersecurity regime. Last week, citing the increase in cybersecurity incidents and the need for investors to be informed about cybersecurity risks in a timely matter,
Media & Privacy Risk Report
News, commentary and humor on media, privacy and the law
The Media & Privacy Risk Report, published by Vedder Price PC, focuses on legal developments and risks related to media, privacy, and data protection. It covers topics such as consumer data privacy laws, regulatory enforcement actions, litigation trends involving privacy statutes, standing requirements in privacy and consumer claims, telemarketing regulations, and First Amendment challenges in privacy contexts. The blog also addresses cross-state regulatory cooperation on privacy enforcement, evolving interpretations of statutes like the TCPA, and defenses against privacy-related class actions. It serves as a resource for understanding the intersection of media, privacy rights, and legal risk management in a complex regulatory environment.
Latest from Media & Privacy Risk Report - Page 6
SEC Proposes New Cybersecurity Rules for Investment Advisers and Investment Companies
On February 9, 2022, the Securities and Exchange Commission (the SEC) issued proposed rules 206(4)-9 under the Investment Advisers Act of 1940, as amended (Advisers Act) and 38a-2 under the Investment Company Act of 1940 (Investment Company Act) (such…
Illinois Supreme Court Eliminates Another BIPA Defense
In yet another blow to employers facing claims under the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) (740 ILCS 14/1 et seq.), the Illinois Supreme Court held that the Illinois Workers’ Compensation Act (“IWCA”) (820 ILCS 305/1 et…
Supreme Court to address role of “prejudice” in evaluating waiver of arbitrability
One of the best ways for companies facing media and privacy risk to protect themselves from expensive class action litigation is by including an arbitration provision in the applicable terms and conditions. While it’s not always clear at the outset…
TCPA Turnstile: 2021 came in like a lion, and went out more like a lamb for TCPA law (TCPA Case Update Vol. 16)
Thanks to the Supreme Court’s decision in Facebook v. Duguid, 141 S. Ct. 1163 (2021), 2021 will go down as one of the most significant years in the history of the Telephone Consumer Protection Act, 47 U.S.C. § 227…
Two Recent Developments Promise to Shed Light on Accrual of BIPA Claims
In the aftermath of two recent appellate court decisions addressing when claims under the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) (740 ILCS 14/1 et seq.) accrue, it appears likely that the Illinois Supreme Court will need to…
TCPA Turnstile: TCPA cases in a post-Facebook world (TCPA Case Update Vol. 15)
The first half of 2021 saw one of the most significant TCPA rulings in many years as Facebook v. Duguid, 141 S. Ct. 1163 (2021), appeared to settle the long-debated question of what constitutes an automatic telephone dialing system…
Supreme Court Slashes CFAA Claims Involving Authorized Access for an Illicit Purpose
The U.S. Supreme Court dealt a blow last week to litigants—both criminal and civil—who have attempted to use the “exceeds authorized access” provision of the Computer Fraud and Abuse Act (“CFAA” or “Act”), 18 U.S.C. § 1030, to hold former…
CCPA Regulations Version 2.0 – Are you STILL compliant?
Thanks to statutory amendments and regulatory changes, compliance with the California Consumer Privacy Act (“CCPA”) continues to be a moving target. As Vedder Price previously reported, the CCPA, effective January 1, 2020, gave consumers new tools and rights for…
GDPR in the USA? New State Legislation Is Making This Closer to Reality
The European Union’s General Data Protection Regulation (“GDPR”) is well known as the toughest privacy and security law in the world, as it has a wide reach and imposes heavy fines against those who violate its privacy and security standards…