As part of our commitment to keeping you informed of new regulatory developments and their potential implications, we have highlighted recent statements by federal officials concerning loyalty programs, such as those involving airline miles and credit card points. These comments
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From Skincare to Spyware: L’Occitane’s CIPA War Against the Plaintiffs’ Bar
While French skincare company L’Occitane (the “Company”) successfully thwarted a mass arbitration effort by plaintiffs’ firm Zimmerman Reed and approximately 3,000 customers (the “Claimants”), the Southern District of California Court presiding over the matter indicated that the Company’s case against
Bidding Farewell, For Now: Google’s Ad Auction Class Certification Victory
A federal judge in the Northern District of California delivered a blow to a potential class action lawsuit against Google over its ad auction practices. The lawsuit, which allegedly involved tens of millions of Google account holders, claimed Google’s practices
Privacy Class Action Spotlight: Latest Wave of Wiretap Class Actions Continues Despite Dismissals as Plaintiffs Try New Approaches
- Over a hundred cases are pending from the wave of privacy class actions that commenced last year alleging violations of state wiretap statutes based on use of website session replay, chatbot and pixel technologies.
- Plaintiffs’ firms are continuing to file
HHS Publishes Roadmap of New Strategy for Cybersecurity in the Healthcare Sector
The U.S. Department of Health and Human Services (HHS) recently issued a strategy paper highlighting key aspects of its plan to revamp cybersecurity requirements in the healthcare industry. Citing a 93% increase in large data breaches in healthcare from 2018
OIG Issues Final Information Blocking Enforcement Rule and Highlights the Potential for Referrals to the FTC and FCA Liability
On June 27, 2023, the Office of Inspector General (“OIG”) for the U.S. Department of Health and Human Services (“HHS”) released its final rule (“Final Rule”) implementing penalties for information blocking.
The Final Rule codifies the prohibition on “information blocking”
Consumer Data Privacy Laws: What’s Happened and What Comes Next
Increasing oversight of tech companies, particularly in the realm of consumer privacy, has been a rare example of bipartisan agreement. Despite data privacy being a growing concern for consumers, however, there has been relatively little federal policymaking. To counteract this
FTC and OCR Unite to Safeguard Hospital and Telehealth Data from Online Tracking Threats
On July 20, 2023, the Federal Trade Commission (“FTC”) and the Office for Civil Rights of the United States Department of Health and Human Services (“OCR”) announced that they had sent a warning letter to about 130 hospital systems and
Going Beyond HIPAA – Washington Health Privacy Law Enacted: Broad Reach, Amorphous Scope, Big Litigation Risk
The Health Information Portability and Accountability Act (“HIPAA”) has long been described as the floor for health care privacy laws and that states and regulators are free to enact more restrictive health care privacy laws. Last week, Washington state became
SEC Revisits Regulation S-P After Twenty Years of Innovation to Information Technology
On March 15, 2023, the U.S. Securities and Exchange Commission (“SEC”) released its proposal to amend Regulation S-P: Privacy of Consumer Financial Information and Safeguarding Customer Information (the “Proposed Amendments”), while simultaneously issuing two additional cybersecurity-related rule proposals and re-opening