On October 18, 2022, in Popa v. Harriet Carter Gifts Inc. et al., Case Number 21-2203, the Third Circuit denied rehearing on its ruling that allows a class action alleging wiretapping claims based on the use of session replay software to proceed. The Third Circuit’s ruling and subsequent denial of a request for rehearing is […]
Online Privacy
California Privacy Protection Agency Publishes Updated CPRA Regulations
Today, October 17, 2022, the California Privacy Protection Agency (“CPPA”) published its first set of Modified Proposed Regulations under the California Privacy Rights Act (“CPRA”). The Modified Regulations have been published in preparation for a scheduled meeting of the CPPA Board on October 21 and 22 to discuss possible actions regarding the proposed regulations. Along […]
FTC Issues Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security
On August 22, 2022, the Federal Trade Commission (FTC) published its advance notice of proposed rulemaking (ANPR) to request public comment on commercial surveillance and data security practices. The ANPR comes at the same time as Congress is considering the federal American Data Privacy and Protection Act (ADPPA). The FTC seeks public comment on a […]
Colorado Issues Pre-Rulemaking Considerations for the Colorado Privacy Act
On April 12, 2022, the Colorado Department of Law (the “Department”) released its Pre-Rulemaking Considerations for the Colorado Privacy Act (the “CPA”), following state Attorney General Phil Weiser’s remarks at the International Association of Privacy Professionals’ (IAPP) Global Privacy Summit in Washington, D.C. The Department seeks informal input on several topics in addition to general […]
Recent Updates in Two Closely-Watched Cybersecurity and Privacy-Related Securities Fraud Class Actions
Observers have been awaiting decisions in a number of cybersecurity and privacy securities fraud class actions with potentially important implications for corporate liability. Over the last several weeks, critical developments emerged in two such cases: the defendants’ motion to dismiss was granted in part and denied in part in In re Zoom Securities Litigation, and […]