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Data Rights, Data Duties, & Data Risks: The American Data Privacy and Protection Act
The Ranking Member of the House of Representatives' Energy and Commerce Committee, Cathy McMorris Rodgers (R-WA) wants to call the American Data Privacy Protection Act (ADPPA) (H.R. 8152 ) a "landmark achievement" because, if enacted, it would be the United States' first comprehensive federal privacy law; it would be the product of an unusual bipartisan and bicameral Congressional effort; and it would usher in a new federal right to privacy for all U.S. citizens relating to their data regardless of their state of residency. On June 3, 2022, the ADPPA was presented as a discussion draft; on June 14, 2022, the House Committee of Energy and Commerce held a three hour hearing entitled "Protecting America's Consumers: Bipartisan Legislation to Strengthen Data Privacy and Security" and heard from over 10 data privacy and cyber security experts; on June 23, 2022, the Consumer Protection and Commerce Subcommittee held an open markup session on the ADPPA forwarded the Bill (as amended) to the full Committee by a unanimous voice vote.
While the ADPPA represents compromises between Democratic and Republican leadership of the U.S. Senate and House of Representatives, particularly around the thorny issues of state law preemption and private rights of action, there are other legislative and big tech industry players pushing their own agendas for comprehensive national data privacy and security frameworks. Also, while the ADPPA has made the largest step so far, there is a serious question whether the ADPPA's ultimate goals of giving all U.S. citizens the right to control the use of their personal data can be reckoned with the blow dealt to the right to privacy by the majority opinion in Dobbs v. Jackson Women's Health Organization. See, "The Overturning of Roe v. Wade Undermines the Right to Privacy," June 27, 2022, Information Accountability Foundation.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.