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Virginia Is For [Data Privacy] Lovers: Introduction to Virginia's New Consumer Protection Law
On January 1, 2023, the Virginia Consumer Data Protection Act (VCDPA) will go into effect. With passage of the law earlier this year, Virginia joined Colorado and California as the only states to enact comprehensive privacy legislation. The VCDPA includes...
Colorado Privacy Act: New protections for consumers in the Centennial State
On July 1, 2023, the Colorado Privacy Act (CPA) will go into effect as the third state law generally governing consumer data privacy and was the second enacted in 2021. If you do business with consumers in Colorado, regardless of...
2021 Year-in-Review – U.S. State Privacy Legislation
The COVID-19 pandemic has rapidly accelerated our reliance on digital services and platforms, which brings new challenges and expectations for data privacy. But, to date, there has been little movement towards all-encompassing federal privacy legislation. Therefore, the issue of consumer...
Federal Circuit Boots Potential Circuit Split as Trademark Case Turns Ugg-ly for Australian Boot-Maker
It’s hard to deny the comfort of the plush, fur-lined boots and slippers sold under the UGG® brand. But not many are aware that the word “ugg” originated in Australia as a generic term for sheepskin boots. The term, which...
SEC Is Still Cyber Serious About Disclosures
On the heels of the First American enforcement action and settlement , this week, the SEC announced a settlement with Pearson plc in connection with a 2018 cyber breach. The SEC disclosed that Pearson, a London-based educational company, agreed to...
OSHA's Revised COVID-19 Guidance Adopts CDC's Latest Recommendation on Masks for Vaccinated Employees, Advocates for Vaccination, and Suggests Periodic Testing for Unvaccinated Employees
In response to the modified COVID-19 recommendations published by the Centers for Disease Control and Prevention (CDC) on July 27, 2021, on Friday, August 13, 2021, the Occupational Safety and Health Administration (OSHA) updated its Guidance on Mitigating and Preventing...
Privilege Dwindles for Data Breach Reports
Data privacy lawyers and cyber security incident response professionals are losing sleep over the growing number of federal courts ordering disclosure of post-data breach forensic reports. Following the decisions in Capital One and Clark Hill , another district court has...
A Picture Is Worth a Thousand Words—and Maybe a Thousand Bucks Too, According to the NCAA
The NCAA has implemented a blockbuster temporary policy allowing college athletes to be paid for the use of their name, image, and likeness (NIL). This reversal of the NCAA’s long-standing ban against compensation to college athletes opens up new opportunities...
Cruisin' for a Bluesin': Timeless Titans Tangle Over Smart-Car Technology Brands
Two titans of the American automotive industry are locking horns over branding for automated driving technologies, underscoring the importance of brand clearance before marketing and selling a new product or technology. GM and its subsidiaries Cruise LLC and GM Cruise...
President Signs Executive Order Directing Federal Agencies to Promote Competition and Increase Antitrust Enforcement
On July 9, 2021, President Biden issued Executive Order 14036 , “Promoting Competition in the American Economy,” which broadly targets anticompetitive practices and corporate consolidation across many sectors of the U.S. economy. The ambitious and wide-ranging Executive Order contains 72...
Khan Confirmation to FTC Foreshadows More Aggressive Antitrust Agenda
Earlier this week, Columbia Law School professor Lina Khan was confirmed by the U.S. Senate to fill the 5 th seat on the Federal Trade Commission, giving Democrats a 3-2 majority on the competition and consumer protection agency. The Senate...
EEOC Issues Guidance Confirming Vaccine Incentives are Lawful, Among Other Updates
Earlier today, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited guidance concerning the permissibility of employer vaccination incentive programs and, at the same time, provided further guidance related to other vaccination questions. EEOC Gives Okay to Incentive Programs -...
How To Enhance Your Company's Efforts To Recruit A More Diverse Workforce Without Creating Risk of a Successful Legal Challenge
Businesses today are more focused than ever on building a more diverse workforce and inclusive corporate culture. At the same time, management and human resource professionals often worry that their enhanced efforts at diversity and inclusion could draw charges of...
Stalemate at FTC Leads to Contested Merger Closing
On May 14, 2021, despite not having obtained official approval from federal antitrust authorities, 7-Eleven Inc., the largest convenience-store chain in the U.S., took the highly unusual step of closing its $21 billion purchase of the Speedway retail gasoline and...
Avoid a Fall Out With the Feds: Planning for Increased Cyber Regulations
The cyber landscape is changing once again, in terms of impact, policy and potential exposure. In the wake of the Colonial Pipeline hack , the Biden administration released a long-awaited Executive Order intended to strengthen US cybersecurity infrastructure. The order...