Features

Can You Hear Me Now? — Privacy of Discussions
This article looks at privacy discussions, focusing on what in the circumstances discussed renders the IT data private and whether the criteria relied upon when courts and others in the discussion determine that the data is or is not private is truly determinative, as well as properly understood.
Features

How to Avoid 'Privacy Debt'
For many tech companies today, their products and business model require the collection and storage of data. At the same time, a failure to build adequate data protection technology, processes, and operations will continuously generate "privacy debt" for the business. The accumulation of this "privacy debt" can eventually turn away customers, attract regulatory penalties, and create an existential risk for the company.
Features

Privacy and Ethical Concerns of Vaccine Passports
While the concept of digital vaccine passports might seem like a perfect solution, implementation is muddled not only by administrative feasibility, but the web of legal and business considerations raised if requiring the passport to return to the workplace or enter a business. This article untangles some of these complex legal considerations, including privacy and ethical concerns, offering employers guidance in evaluating their feasibility at the workplace.
Features

California Privacy Protection Agency Roster Set
California named five members to the inaugural board of the California Privacy Protection Agency, a new entity created by voters in 2020 that will enforce the state's sweeping consumer privacy laws.
Features

Winter 2021 Privacy Alert Roundup
In this Privacy Alert Roundup, we'll take a look at Virginia's new proposed data protection law, a new proposed federal banking rule regarding cybersecurity incidents, and how lackadaisical vendor risk management can come back to bite you in court.
Features

Telehealth Enforcement: Is It the Next Big Thing?
With the start of the Biden administration and a DOJ very likely led by Merrick Garland, predictions have begun about future trends in government enforcement. Two pieces of conventional wisdom emerge: First, the focus will shift to more white-collar crime enforcement actions. And second, the healthcare industry will continue to be a major focus for investigators and prosecutors.
Features

Telehealth Enforcement: Is It the Next Big Thing?
With the Biden administration and a DOJ led by Merrick Garland, predictions have begun about future trends in government enforcement. Two pieces of conventional wisdom emerge: First, the focus will shift to more white-collar crime enforcement actions. And second, the healthcare industry will continue to be a major focus for investigators and prosecutors.
Features

Using Legal Tech to Help Lawyers Protect Privilege and Better Serve Their Clients
A recent UK High Court ruling has provided lawyers everywhere with a stark reminder on the scope of privilege for electronic communications: just because an email itself is privileged does not automatically render the documents attached to that email privileged.
Features

NY Proposed Privacy Bill of Rights Could Add to Compliance Confusion
New York Gov. Andrew Cuomo's executive budget proposal includes plans for a comprehensive data privacy law that rather than bring more clarity to an increasingly fragmented U.S. privacy landscape, could place even more strain on corporate legal departments attempting to get a handle on compliance.
Features

Northern District of California Holds Vanity License Plates Are Not Government Speech
California DMV regulations excluding plaintiffs' personalized plates were like the PTO trademark registration restrictions of SLANTS and FUCT — restrictions struck down by the U.S. Supreme Court for violating the First Amendment.
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