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David Oberly

The Federal Trade Commission (“FTC” or “Agency”) recently indicated that it considers initiation of pre-rulemaking “under section 18 of the FTC Act to curb lax security practices, limit privacy abuses, and ensure that algorithmic decision-making does not result in unlawful discrimination.”  This follows a similar indication from Fall 2021 where the FTC had signaled its

The California Privacy Rights Act (“CPRA”) places significant power in the hands of the California Privacy Protection Agency (“CPPA” or “Agency”) to influence the future of privacy regulation in the United States, including—perhaps most importantly—the authority to issue regulations in twenty-two specific, enumerated areas to achieve the broad objective of “further[ing] the purposes of” the

This week, Lexis Practical Guidance released new, timely biometric privacy compliance guidance materials—its “Mitigating Legal Risks When Using Biometric Technologies” Practice Notice and Biometric Privacy Compliance Checklist—both of which were authored by CPW’s own David Oberly.

You can view David’s “Mitigating Legal Risks When Using Biometric Technologies” Practice Note by clicking here and his

As CPW readers know, several states have adopted consumer privacy statutes that will require significant modifications to organizational compliance programs in order to achieve compliance by 2023. At the same time, however, many of the world’s largest tech companies are also seeking to give consumers greater control over their personal data as well. CPW’s David

Just recently, a California federal court issued a notable Illinois Biometric Information Privacy Act (“BIPA”) opinion in Zellmer v. Facebook, Inc., No. 18 CV 1880 (N.D. Cal. Mar. 31, 2022), which could have significant implications moving forward for companies seeking to limit their scope of liability exposure in BIPA class action litigation.  Read on

What it means to “collect” or “possess” biometric data has developed into one of the fiercest battlegrounds between plaintiffs and defendants in bet-the-company Illinois Biometric Information Privacy Act (BIPA) class action litigation. The issue is a significant one in BIPA litigation—and oftentimes determinative in terms of whether a private entity can be held liable for

As CPW readers know, the frequency and severity of data breaches experienced by third-party vendors and service providers continues to rise precipitously with no end in sign. CPW’s David Oberly spoke to Bloomberg Law about this issue and how companies can mitigate the significant privacy – and security – related legal risks associated with vendor

With the first quarter of 2022 at a close, litigation involving the collection and protection of biometric data has taken off to a hot start, setting a fervent pace that could mean big things for data privacy litigation for 2022 (with crossover impact on data breach and cybersecurity litigations, as outlined below).  Read on to

Data privacy is a top-of-mind issue in 2022, and biometric privacy and issues relating to artificial intelligence (AI) have been subject to recent scrutiny from state and federal government officials and legislators. These topics also continue to be areas of focus in the realm of putative privacy class action litigations.

Partners Kristin Bryan and Kyle

As readers of CPW know, the Federal Trade Commission (“FTC”) has made it clear that privacy and security will be top-of-mind issues for the Commission for the foreseeable future. Recently, the FTC announced its settlement with WW International, Inc.—formerly known as Weight Watchers (“Weight Watchers”)—over claims the company violated the Children’s Online Privacy Protection Act