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LJN Quarterly Update: 2024 Q2
Steve Salkin
The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.
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Cybersecurity Law & Strategy
The Perfect Storm: Why Contract Hiring Will Eclipse Direct Hiring In Privacy and Tech In 2024
Jared Coseglia
Part Two of a Two Part Article
Part 1 of this article looked at how remote flexibility is driving job seekers, that most privacy programs will use contractors by 2026, the speed of hire, the real cost of DIY staffing and whether posting jobs online really works. Part 2 looks at what’s next for CPOs, AI jobs in privacy, where the new jobs will come from, whose salaries are spiking and some guidance for the latter half of 2024.
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Entertainment Law & Finance
Fresh Filings
Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.
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Cybersecurity Law & Strategy
User Privacy Issues In AI Applications
Peter Brown
Without specific legal guardrails, the use of AI tools must be approached with caution, especially with regard to privacy. This article addresses some of the issues that users and companies using AI applications should be considering in addressing the privacy of users and their transactions.
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LJN Quarterly Update: 2024 Q1
LJN Editorial Staff
Highlights some of the in-depth analysis and insights from lawyers and other practice area experts from the nine LJN Newsletters titles over the first quarter of 2024.
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Cybersecurity Law & Strategy
Protecting Privacy and Sensitive Data In Era of Neurotechnologies
Frances Green, Paul DeMuro and Eleanor Chung
Scientists have been collecting neural data from the brain for medical reasons for years, with myriad regulatory constraints in place. But in 2024, technologies are moving fast and furiously into the realm of consumer products.
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Cybersecurity Law & Strategy
Maryland Data Privacy Law Signed; Goes Into Effect Next Year
Cassandre Coyer
Most state privacy laws have crafted bills as refinements of existing frameworks, tweaking language here, adding nuances there — but privacy experts say Maryland is notable in its approach.
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Cybersecurity Law & Strategy
Latest California Privacy Rules Draw Criticism from All Sides
Maria Dinzeo
Business, labor and consumer interests expressed sharply differing views at a public forum last month over proposed California rules that would govern how companies use customers’ personal information for anything from hiring decisions to advertising.
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Cybersecurity Law & Strategy
Unraveling The American Data Privacy Patchwork: Will the American Privacy Rights Act Succeed?
Michael McLaughlin and Andria Adigwe
As the focus on protecting personal data continues to grow with the ever-widening adoption of artificial intelligence (AI) tools, exponential increases in the number and breadth of data breaches, and growing awareness of the risk posed by data brokers, the time appears right for a U.S. federal data privacy regulation to succeed in Congress. But is the new American Privacy Rights Act that regulation?
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Cybersecurity Law & Strategy
Is Genetic Information the Next Privacy Battleground?
Jeffrey N. Rosenthal and Amanda M. Noonan
GIPA litigation remains in its early stages, but the possibility of exorbitant statutory damages could make GIPA the next major trend in privacy class action litigation.
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Cybersecurity Law & Strategy
New Federal Privacy Legislation Has Legitimate Shot At Passing
Maria Dinzeo
For years, the business community has been calling for a comprehensive federal privacy law, frustrated with operating under a patchwork of sometimes-conflicting state laws. Now, Congress is considering one that’s extremely wide-ranging and that observers say has a legitimate chance of passage.
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Cybersecurity Law & Strategy
Privacy Risk Management & Data Minimization
Therese Craparo and Sarah Bruno
Many organizations — from growing start-ups to mature, well-established companies — are struggling with the new reality of what it means to manage data in an era of digital transformation, exponential data growth, and expanding regulatory regimes focusing on data management and minimization.
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Cybersecurity Law & Strategy
Washington My Health My Data Act FAQs: Data Subject Rights
Amy de La Lama and Andrea Rastelli
Like so many other features of the MHMDA, data subject rights are deceptively complicated and have the potential to create significant administrative hurdles to getting it right. In this article, we examine the tricky issues in our MHMDA FAQs and take a deep dive into data subject rights.
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Cybersecurity Law & Strategy
What Employers Need to Know About Employee Privacy
Lisa Gingeleskie
Many employers struggle with not only identifying what is private protectable information, but also how to safeguard that information while also protecting the company’s own business interests. Given the increased costs of litigation, it is critical that employers understand their obligations under the law and how to strike a legally compliant balance between these competing interests.
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Cybersecurity Law & Strategy
U.S. Regulators Lift the Curtain on Data Practices with Assessment, Reporting and Audit Requirements
Alan Friel, David Manek, Sasha Kiosse, David Farber and Colleen M. Yushchak
The assessment and audit requirements of the new generation of state data protection laws will force U.S. companies to move beyond mere window dressing and instead require them to develop fulsome data protection programs.
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Cybersecurity Law & Strategy
New Jersey Passes Privacy Law
Peter Brown
The New Jersey law follows states, such as California, Texas, and Connecticut, who have enacted privacy laws, including broad laws addressing consumer data privacy, children’s privacy laws, consumer health data privacy laws, and data broker laws.
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Cybersecurity Law & Strategy
‘Keyword Warrants’ Pose Privacy Threat
Logan Youngworth-Wright, Bowman Taylor and Rubin Sinins
The practice of seeking a "keyword warrant" is a technique of dragnet policing. A keyword warrant requires the production of all IP addresses for anyone who inputs a particular word or phrase into an internet search engine. The search results are then used to identify a device user.
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Cybersecurity Law & Strategy
FTC Revises Children’s Online Privacy Rule to Extend Parental Consent to Targeted Advertising
Chris O’Malley
The Federal Trade Commission in January provided more details on its proposed changes to the Children’s Online Privacy Protection Rule, underscoring the need for online operators to review and prepare to update their policies and procedures.
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Cybersecurity Law & Strategy
United Kingdom Approves Online Safety Bill; Making Social Media Companies Responsible
Peter Brown
The United Kingdom's Online Safety Bill makes social media companies responsible to prevent and remove illegal or dangerous content, including posts relating to terrorism, child exploitation, hate crimes or fraud.
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Cybersecurity Law & Strategy
New Jersey Looks to Other States In Enacting Data Privacy Legislation
John T. Wolak and William C. Martinez
At this juncture New Jersey stands at a crossroad, with the Legislature facing important choices on the scope and terms of comprehensive privacy legislation that will have a dramatic impact on business operations as well as the individual rights of New Jersey residents.
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Cybersecurity Law & Strategy
In Case You Missed It: AI Ethics, Algorithms and Other Takeaways from the First-Ever IAPP AI Conference
Isha Marathe
The conference’s panels and keynotes looked to connect the dots between the tools governments and individuals have in the age of AI to protect themselves — and the tools they will need to develop.
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Cybersecurity Law & Strategy
INFOGRAPHIC: Keeping Up with the Evolving Patchwork of Laws: An Interactive Map of State Privacy Laws
CLS Staff
An Interactive Map of State Privacy Laws
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Cybersecurity Law & Strategy
California Privacy Bill Could Upend the Way Data Brokers Do Business In the Golden State
Maria Dinzeo
A California privacy bill that will give consumers the power to delete their personal information through a single request may soon become law, and could upend the way data brokers, advertisers and publishers do business in the Golden State.
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Cybersecurity Law & Strategy
The EU-U.S. Data Privacy Framework: Did Transferring Personal Data from the EU to the U.S. Just Get Easier?
Wim Nauwelaerts
Businesses and organizations that (regularly) transfer personal data from the EU to the U.S. should carefully assess, on a case-by-case basis, whether it makes sense to rely on the new EU-U.S. Data Privacy Framework or to use one of the other data transfer tools that are available under the GDPR.
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Cybersecurity Law & Strategy
Florida’s New Data Privacy Bill Is an Outlier, Going Both Broad and Narrow
Cassandre Coyer
The Florida law, which will go into effect on July 1, 2024, positions itself as an outlier among other state data privacy regulations.
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Cybersecurity Law & Strategy
Preparing Companies for Impending Data Privacy, Cybersecurity Changes
Sarah F. Hutchins
Failing to pay attention to shifting data privacy and security regulations can be costly. Here’s an overview of what’s been happening — and what’s likely to happen next — in the world of data privacy and security.
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Cybersecurity Law & Strategy
How to Avoid Running Afoul of Privacy Laws
Dan Panitz and Jerry McIver
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?
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Cybersecurity Law & Strategy
Start-Ups, Cyber Attacks and Regulations
CLS Staff
A Q&A with Christina Gagnier, a Shareholder with Carlton Fields and President of the newly-launched privacy and cybersecurity consultancy CTRL, on the cyber issues specific to start-ups and small businesses.
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Cybersecurity Law & Strategy
Hot Button Enforcement Issues In the New Canadian Consumer Privacy Protection Act
John Beardwood and Shan Arora
Part Four In a Series
The conclusion of the series on Canada’s recently introduced Consumer Privacy Protection Act looks at hot button enforcement issues in the Act.
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Cybersecurity Law & Strategy
The Information Governance Groundhog Day Syndrome
Ben Schmidt and Nathan Curtis
Security and privacy start with good information governance, and for many firms — trying to get their information governance policy implemented feels a lot like Groundhog Day. Yes, the one with Bill Murray. Let’s take a closer look.
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Cybersecurity Law & Strategy
Compliance for Privacy Officers on the New Canadian Consumer Privacy Protection Act
John Beardwood and Shan Arora
Part Three In a Series
Part Three continues the analysis of new compliance requirements in Canada's new Consumer Privacy Protection Act, including the content of organizational privacy policies and anonymization of personal information policies, and business transaction policies contained in the Act.
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Cybersecurity Law & Strategy
EU Releases Attempt At Comprehensive Cybersecurity Legislation
Cassandre Coyer
The European Union released its first attempt at a comprehensive cybersecurity legislation, the Cyber Resilience Act — and its impact on the technology market could be far-reaching.
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Business Crimes Bulletin
FTC Looks to Focus On Data Privacy and Competition
Isha Marathe
The Federal Trade Commission, under its current chairperson Lina Khan, has released a flurry of press releases and blogs in recent months signaling at a focused commercial surveillance “crackdown.”
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Cybersecurity Law & Strategy
A Compliance Briefing for Privacy Officers on the New Canadian Consumer Privacy Protection Act
John Beardwood and Shan Arora
Part Two In a Series
Part One of this series introduced the history of Canada’s recently introduced Consumer Privacy Protection Act and reviewed the similarities with GDPR, such as data portability, the right not be forgotten, codes of practice, and a safe harbor provision. Part Two analyzes the new compliance requirement of valid consent.
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Cybersecurity Law & Strategy
Data Rights, Data Duties, & Data Risks: The American Data Privacy and Protection Act
Rita W. Garry
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.
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Cybersecurity Law & Strategy
Not Just Your Same Old Privacy Legislation: A Compliance Briefing for Privacy Officers on the New Canadian Consumer Privacy Protection Act
John Beardwood and Shan Arora
Part One In a Series
This article, which reviews the Canadian Consumer Privacy Protection Act, first seeks to identify the delta between the Act and PIPEDA in order to allow privacy officers of organizations that are already PIPEDA compliant to identify the net new compliance requirements under the Act and second, to highlight the provisions of the Act which, if breached, could lead to the imposition of significant fines.
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Cybersecurity Law & Strategy
Data Privacy and Security Considerations for Mobile Health App Developers and Their Counsel
Angela Matney
In light of the evolving legal and regulatory landscape, app developers and their counsel should examine developers’ privacy and security practices and take steps to safeguard sensitive data related to reproductive health.
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Cybersecurity Law & Strategy
California’s Latest Privacy Rulemaking Proposes Further Obligations for Businesses
Kyle Fath, Alan Friel, Shea Leitch and David J. Oberly
While the the California Privacy Protection Agency kicked some of the more difficult issues down the road for further consideration, its first draft of proposed Regs is quite comprehensive with respect to the issues addressed. The authority for some of what is proposed is questionable and will likely be challenged in comments, if not judicial action, if such provisions become final.
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Cybersecurity Law & Strategy
California ‘Right to Know Act’ Sets Off Alarm Bells Ring for Privacy Experts
Isha Marathe
While state data privacy legislation is picking up across the U.S., a California bill that recently passed the State Senate and has remained largely under the radar, has some privacy experts raising alarm bells.
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Cybersecurity Law & Strategy
Metaverse Raises Privacy and Cybersecurity Concerns
Oriana Alexander, Wail Jihadi and Bryan Parker
The Metaverse will be the next version of the Internet that provides an immersive virtual experience. For now, the extent to which Metaverse technology will be integrated into our physical world remains unknown. This raises new concerns about data privacy, cybersecurity, new cybercrimes and constitutional issues.
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Cybersecurity Law & Strategy
Ninth Circuit Allows Data Scraping from LinkedIn
Marianna Wharry
The Ninth Circuit reaffirmed data analytics company hiQ Labs Inc.’s ability to scrape publicly available data from LinkedIn’s platform despite the social media company’s claim that the data collected violated federal hacking laws.
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Cybersecurity Law & Strategy
California Consumer Privacy Law Cases Climbing, and Not Just In California
Jessica Mach
Plaintiffs filed 145 lawsuits last year to enforce provisions under the CCPA, a 60% increase from 2020. Lawsuits alleging violations of the California law were also filed across the country, pending at one point in 33 courts across 20 states.
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Cybersecurity Law & Strategy
Examining the Differences Between Data Privacy and Data Security
Melissa Griffins Paulk
As businesses develop data protection frameworks to ensure compliance, it is important for companies to design a data protection program that contemplates data privacy and data security individually, to achieve the most comprehensive data protection program.
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Cybersecurity Law & Strategy
Taming the Data Privacy Chaos in Contract Management
Gretchen Bakhshai
How contract management practitioners can remain in compliance with rapid changes in data privacy regulations.
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Cybersecurity Law & Strategy
Building AI and Machine Learning Technologies: Data Licensing Tips and Traps
Anna Remis
Data is the fuel for software development, and developers use historical data from existing products to train algorithms and build AI and machine learning models. Companies are well aware of privacy and regulatory restrictions on data use, but often do not consider the potential impact of data use restrictions on intellectual property ownership and use rights.
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Cybersecurity Law & Strategy
Biometric Privacy: A Year In Review (2021) and The Year Ahead (2022)
Lauren Caisman and Christian Auty
The year started with Portland, Oregon’s ban on the use of facial recognition technology by private entities in places of “public” accommodation. It concluded with the rendering of important appellate decisions on the Illinois Biometric Information Privacy Act. In the middle, was the continued flurry of litigation, class action settlements, and legislative activity.
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Cybersecurity Law & Strategy
Cybersecurity and Legal Tech In 2022: Predictions from the Field
Zach Warren
It’s still a dangerous cyber world as we enter 2022, but one that today’s attorneys and legal technologists are prepared to tackle. Here’s what they predict for cybersecurity, remote work, privacy and e-discovery in the new year.
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Cybersecurity Law & Strategy
Cybersecurity and Corporate Privacy Enforcement Is Focus of Feds
David Saunders and Julian L. André
It started as a hushed rumor in the beltway, then became a known fact by those going to join the administration. And now we all know: The Biden administration has brought with it a renewed focus on data privacy and cybersecurity.
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Cybersecurity Law & Strategy
What You Need to Know About China’s New Privacy Law
Devin Chwastyk and Christian Wolgemuth
The Personal Information Protection Law of the People’s Republic of China (PIPL) went into effect on Nov. 1 and brought with it a suite of new requirements and lingering questions.
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Cybersecurity Law & Strategy
9th Circuit: Police Violated Google Users’ Privacy Rights After Automated Email Scan Detected Child Pornography
Alaina Lancaster
A federal appeals court found that law enforcement violated a Google user’s constitutional rights when it opened email attachments the platform flagged as child pornography through an automated system.
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