Californians: VOTE NO ON PROP. 24, The California Privacy Rights Act (CPRA)

…certain data breaches. From this foundation, the CPRA makes many edits to the CCPA. The voter guide summarizes the more substantial changes. I’ll likely address those changes in a future…

Court Upholds Formation of a Lengthy Contract Presented on a Mobile Device–Hidalgo v. AAU

The plaintiffs are suing over a data breach. The defendant sought to invoke its arbitration clause in its membership agreement. The court finds the contract formed and sends the case…

Ninth Circuit Reinstates Decade-Old Lawsuit Against Facebook For Tracking Logged-Out Users–In re Facebook Internet Tracking

…or may not be useful to data breach plaintiffs. But using economic gain from tracking as a hook will make it much easier for plaintiffs to satisfy Article III standing…

2H 2019 and Q1 2020 Quick Links, Part 2 (Trademarks/Keywords)

…2019 WL 4464302 (W.D. Wash. Sept. 17, 2019): “Cyber Liability and Data Breach Response Coverage” insurance policy does not cover competitive keyword advertising lawsuit. * Volkswagen AG v. IMAN365-USA, 2020…

Resetting the California Consumer Privacy Act (CCPA)…with 2 Weeks To Go! (Part 1 of 3)

…exercising their privacy rights, and the right to sue companies for certain types of data breaches. The CCPA comes into effect in a couple of weeks, and there have been…

And At the End of the Day, the CCPA Remains Very Much the Same (Guest Blog Post)

…a private action against a business for a data breach involving such information (Section 1798.145(d) (added by AB 1355) A narrow industry-specific exemption from the “do not sell” requirements for…

Court Declines to Dismiss Data Breach Claims Against Facebook Based on Access Token Incident–Bass v. Facebook

…standing requirement as to data breaches. Accordingly, although these occurrences may be evidence of having been the victim of a data breach, on their own, they cannot serve to connect…

Want Companies to Comply with the CCPA? Delay Its Effective Date (Guest Blog Post)

…recognize the urge to avoid delaying privacy protections in an age when new privacy violations and data breaches seem to materialize every day. But compliance takes time, particularly if you…

Recap of the California Assembly Hearing on the California Consumer Privacy Act

…He thinks the browser extension will get where he wants to go anyway. Q from Rep. Irwin about the data breach private right of action. MacTaggart answered that encryption is…

A Status Report on the California Consumer Privacy Act

…private cause of action for certain data breaches. The CCPA applies to any “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked,…