David Caplan

David Caplan is an associate in the firm’s Technology and Privacy Group. Read more→

Governor Jerry Brown Signs Amendment to the California Consumer Privacy Act

Posted on: 26 Sep 2018

On September 23, 2018, Governor Jerry Brown signed SB 1121, the amendment to the California Consumer Privacy Act (CCPA).  SB 1121 attempts to clean up some drafting errors and ambiguities in the original legislation (AB 375), but it also effectively reduces the procedural obstacles to the CCPA’s private right of action by removing the requirement that a plaintiff first notify the Attorney General before filing a lawsuit pursuant to the CCPA, which would have provided the Attorney General the opportunity to order a plaintiff not to proceed.  For a more in-depth analysis of the private right of […] Read more

Landmark New Privacy Law in California to Challenge Businesses Nationwide

Posted on: 05 Jul 2018

Following our June 4 and July 2, 2018 blog posts tracking California’s November 2018 ballot measure turned hastily enacted new California privacy law titled The California Consumer Privacy Act of 2018 (CCPA), Alston & Bird’s Privacy & Data Security Group released a more detailed “first look” review of California’s sweeping new law.  The advisory provides an overview of the new law, which establishes an array of privacy rights for state residents and worries for businesses nationwide, and concludes with key initial takeaways for business. Read the advisory here. […] Read more

California Approves the California Consumer Privacy Act in Response to Consumer Privacy Ballot Initiative

Posted on: 02 Jul 2018

As discussed in this blog’s June 4, 2018 blog post, a group called Californians for Consumer Privacy gathered enough signatures for a new measure called the Consumer Right to Privacy Act to qualify for the November 2018 ballot.  With momentum building for passage of that ballot measure, various stakeholders met with California legislators to devise a bill that could be passed in place of the measure (and to the satisfaction of the measure’s backers).  The legislature and governor had until last Thursday, June 28 – the deadline for the measure’s backers to remove it from the November’s […] Read more

Momentum Building for California’s Consumer Right to Privacy Act Ballot Initiative

Posted on: 04 Jun 2018

In early May, a group called Californians for Consumer Privacy gathered enough signatures for the Consumer Right to Privacy Act (CRPA) to qualify for the November 2018 ballot. The ballot initiative builds on existing California laws directed at protecting the privacy of California consumers’ personal information, including the Shine the Light law (Civil Code §1798.83) and the California Online Privacy Protection Act (CalOPPA, Business & Professions Code §§22575-22579).    The CRPA sets forth a statutory framework that: 1) gives consumers the right to know what categories of personal […] Read more

FTC PrivacyCon Event Examines Cutting-Edge Research and Current Policies Regarding Privacy and Data Security

Posted on: 21 Jan 2016

The Federal Trade Commission held its PrivacyCon event, featuring nineteen presentations showcasing original research regarding important consumer privacy and security issues by leading academics from universities and think tanks from around the world. A full video recording of the webcast is available here. The conference took place in Washington on Jan. 14, 2016, and included discussion about the policy implications of the research being conducted with thought leaders from academia, research, consumer advocacy, and industry. FTC Commissioner Julie Brill succinctly outlined the top concerns […] Read more

Alston & Bird partners Teri McMahon and Dominique Shelton discuss updates to M&A and privacy & data security practice areas at ACC Israel Annual Event

Posted on: 17 Jun 2015

On June 16, 2015, Alston & Bird partners Teri McMahon and Dominique Shelton made presentations on current issues of the M&A and privacy and data security practice areas at the ACC Israel Annual Event. The event, attended by over 200 attorneys from Israel and around the world, focused on trending global mergers & acquisitions issues. Teri McMahon discussed trends in M&A with a particular focus on rep and warranty insurance, and Dominique Shelton explained today’s privacy and data security regulatory and litigation landscape and how it affects companies engaging in M&A […] Read more

Alston & Bird issues a Privacy and Security ADVISORY on Russia’s new Data Localization Law

Posted on: 02 Jun 2015

Today, Alston & Bird issued a Privacy and Security ADVISORY on Russia’s new Data Localization Law will take effect in September, 2015.  Penalties for non-compliance can be severe, including suspension of offending websites. Our Privacy & Data Security Group gives details on the law, the compliance challenges facing U.S. companies, and the solutions available to them. The Privacy and Security ADVISORY can be found on our website at:, and as a pdf at: Russia Data Localization Law Advisory. […] Read more

FTC Settles With Retail Tracking Firm Regarding Alleged Opt-out Misrepresentation

Posted on: 27 Apr 2015

On April 23, 2015, the FTC and Nomi Technologies, Inc. (“Nomi”) settled the FTC’s misrepresentation charges related to Nomi’s “Listen” service, a multiple sensor technology that allows retailers to measure consumers’ in-store movements. Nomi’s sensors track consumers as they browse physical stores. According to the complaint, “Nomi places sensors in its clients’ retail locations that detect the media access control (“MAC”) address broadcast by a mobile device when it searches for WiFi networks.” Nomi hashes the MAC addresses, but it creates and stores a persistent unique […] Read more

Alston & Bird Privacy Program: An Interactive Discussion on How EU Data Laws are Undergoing Profound Changes

Posted on: 21 Feb 2015

On February 4, Alston & Bird’s Los Angeles office hosted a presentation on EU data laws and US data laws with two leading experts from Olswang LLP, Ross McKean and Andreas Splittgerber. Alston’s Dominique Shelton moderated while McKean and Splittgerber shared their views on the profound changes occurring in EU data protection laws. It was a lively discussion that included the ramifications of the Google Spain decision and looked ahead to the upcoming EU Data Protection Regulation. The discussion provided a valuable opportunity to consider how U.S. companies can comply with the relevant […] Read more

Alston & Bird’s Dominique Shelton Moderates Privacy Panel for Lex Mundi in Paris

Posted on: 03 Oct 2014

On September 26, 2014, Alston & Bird co-sponsored a privacy panel at the Lex Mundi IP conference in Paris, France. Moderated by Dominique Shelton, the panel featured speakers from Scripps Interactive Network, Roche Diagnostics, Jackel International, and GE. The conference also featured as its keynote speaker Florence Raynal, Head of the Department of European and International Affairs for the Commission Nationale de l’Informatique et des Libertés (“CNIL”). CNIL is France’s data protection authority and is responsible for enforcing laws affecting privacy, digital […] Read more