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Privacy laws and enforcement are causing big changes to global commerce and have now arrived at our doorstep. The million dollar questions are how this will affect our businesses and what, if anything, do we need to do about it? While the first answer may vary by vertical and use case, the second answer most definitely involves reducing our risk in multiple areas inclusive of how we collect, store and use data.
The California Consumer Privacy Act (CCPA) led the way as the nation's first comprehensive consumer privacy law. Although the law took effect on Jan. 1, 2020, we saw the first public CCPA enforcement action in August 2022 with a $1.2 million fine against Sephora. While Forbes called this the "Sephora shot" heard around the world, we can be certain it won't be the last and is likely the beginning of a pronounced era of privacy regulation as evidenced by President Biden's October 7, 2022 Executive Order to Implement the European Union-U.S. Data Privacy Framework.
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On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.