Privacy Litigation

We head into the fourth quarter on the heels of the first public California Consumer Privacy Act (CCPA) civil penalty, while also looking ahead to the new state privacy laws in Virginia, Colorado, Connecticut, and Utah and the significant updates that the California Privacy Rights Act (CPRA) will bring to the CCPA. Considering that regulations

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

CPW’s Shea Leitch and Kyle Dull to Speak at ACC South Florida’s 12th Annual CLE Conference

CPW’s David Oberly

CPW’s Kristin Bryan, a 2022 Law360 Privacy & Cybersecurity MVP as well as a featured subject matter expert for LexisNexis, Jesse Taylor and Shing Tse teamed up to co-author a chapter of the Lexis Practical Guidance titled “Privacy, Cybersecurity and Data Breach Litigation: Key Laws and Considerations. In this practice

Earlier this month, Law360 released the names of those chosen for the 2022 MVP awards. Of the 900 attorneys who were nominated for the honor, Law360 notes that, “[t]he attorneys chosen as Law360’s 2022 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.”

Continue Reading Congratulations to CPW’s Kristin Bryan on Being Named a 2022 Cybersecurity & Privacy MVP by Law360!

Yesterday, in the District of Idaho, the Federal Trade Commission (“FTC”) filed a rare complaint seeking a permanent injunction against Kochava Inc. (“Kochava”), a company that, according to the FTC, is a “location data broker that provides its customers massive amounts of precise geolocation data collected from consumers’ mobile devices.” Case No. 22-cv-00377 (D. Idaho). Kochava itself this month had earlier commenced litigation against the FTC in a dramatic pushback after receiving a proposed injunction from the agency. This case is a must-watch going forward, given the FTC’s recent focus on data privacy and cybersecurity.  

The Complaint filed yesterday in federal court alleges that “Kochava has sold access to its data feeds on online data marketplaces that are publicly accessible.” Additionally, while “Kochava typically charges a monthly subscription fee of thousands of dollars to access its location data feed,” the FTC also alleges that the company “has also offered a free sample . . . [which is] publicly available with only minimal steps and no restrictions on usage.”  

Continue Reading FTC Sues Data Broker for Purportedly Selling Geolocation Information, Alleging “Unfair Sale of Sensitive Data”

Last month in Doehler N. Am., Inc. v. Davis, Case No. 22-00501, 2022 U.S. Dist. LEXIS 125903, a District of Delaware judge denied a motion for a preliminary injunction in the context of a heated dispute over a failed joint venture transaction, and an allegation of a data incident that the Plaintiff claimed caused it irreparable harm. The case is a useful reminder of the multitude of privacy and cybersecurity considerations implicated in the business-to-business context and the various procedural mechanisms available to a plaintiff claiming harm from a data incident.

Continue Reading Delaware Federal Court Quickly Denies Motion for a Preliminary Injunction Based Upon Alleged Data Incident

The Southern District of Florida issued its second motion to dismiss ruling in the multidistrict litigation (“MDL”), In re Mednax Services, MDL No. 2994, further limiting Plaintiffs’ claims but allowing the case to proceed to discovery.  This ruling is a mixed bag for the Defendants but consistent with rulings in prior cases (where the

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

VIXIO Regulatory Intelligence Quoted CPW’s Kristin Bryan in Recent Article on FTC and CFPB Data Protection and Privacy Legislation

Welcome to the 2022 Q2 edition of the SPB Artificial Intelligence & Biometric Privacy Quarterly Review Newsletter, your go-to source for keeping you in the know on all recent major artificial intelligence (“AI”) and biometric privacy developments that have taken place over the course of the last three months. We invite you to share this resource with your colleagues and visit Squire Patton Boggs’ Data Privacy, Cybersecurity & Digital Assets and Privacy & Data Breach Litigation homepages for more information about our capabilities and team. 

Q2 did not disappoint in the AI and biometric privacy space, with a number of noteworthy litigation, legislative, and regulatory developments having taken place in these two rapidly developing areas of law. Read on to see what has transpired over the last quarter and what you should keep your eyes on as we head into the second half of 2022.

Continue Reading SPB 2022 Q2 Artificial Intelligence & Biometric Privacy Quarterly Review Newsletter

Last week, the House Energy and Commerce Committee advanced H.R. 4551, the “Reporting Attacks from Nations Selected for Oversight and Monitoring Web Attacks and Ransomware from Enemies Act” (“RANSOMWARE Act”).  H.R. 4551 was introduced by Consumer Protection and Commerce Ranking Member Gus Bilirakis (R-FL).

If it becomes law, H.R. 4551 would amend Section 14 of