Category: Regulatory

Cybersecurity

Texas and Oregon’s Comprehensive Privacy Law Is Coming Into Effect: Time To Prepare For Enforcement Actions

Written by Susan Kohn Ross, Lucy Plovnick, and Stacey Chuvaieva On July 1, 2024, Texas and Oregon’s comprehensive data privacy laws took effect.  The Texas Data Privacy and Security Act (TDPSA) was signed into law on June 18, 2023. Most[1] of its obligations will go into effect on July 1 and will likely be vigorously enforced. The Oregon Consumer Data Privacy Act (OCDPA), signed into … Continue reading Texas and Oregon’s Comprehensive Privacy Law Is Coming Into Effect: Time To Prepare For Enforcement Actions

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International Trade, Regulatory

U.S. Trade Rep. Actions re Existing 301 Exclusions

Written by Susan Kohn Ross On May 30, 2024, the USTR published in the Federal Register its decisions regarding the existing China 301 tariffs. See here. There are four (4) annexes to consider. Annexes A and B list products where the extension will be extended to June 14, 2024 and expire thereafter. Annex C products will be extended to May 31, 2025, and Annex D … Continue reading U.S. Trade Rep. Actions re Existing 301 Exclusions

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International Trade, Regulatory

China 301 Tariff Update

Written by Su Ross When the USTR Report was published, the question was when will the official Federal Register notice appear?  We now know it is May 28, 2024 and can be found here. What we also know is USTR has invited comments from interested parties which are due no later than June 28, 2024. The Federal Register notice starts on Page 46252.  The relevant … Continue reading China 301 Tariff Update

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Cybersecurity, Intellectual Property, Regulatory

Be Careful Who You Pick As Your Arbitration Provider!

Written by Susan Kohn Ross On August 10, 2023, a California federal district court refused to enforce an arbitration clause because the defendants’ Terms of Use (sometimes called Terms of Service) named an arbitration provider whose lack of even-handed and transparent procedures rendered the clause unconscionable. Heckman v. Live Nation Entertainment, Inc.,   CV22-0047 (C.D. Cal). While only a district court decision, the opinion stands as … Continue reading Be Careful Who You Pick As Your Arbitration Provider!

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Corporate, Cybersecurity

SEC Approves New Rules for Cybersecurity Disclosure and Incident Reporting

Written by Blake Baron and Gabriel Miranda On July 26, 2023, the U.S. Securities and Exchange Commission (“SEC”) adopted the new highly-anticipated cybersecurity disclosure rules for public companies. Background: Cybersecurity disclosure has been on the SEC’s radar since their 2018 cybersecurity disclosure guidance. And, on March 9, 2022, the SEC first proposed its new cybersecurity rules for public companies aiming to “better inform investors” about … Continue reading SEC Approves New Rules for Cybersecurity Disclosure and Incident Reporting

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Cybersecurity, Regulatory

New Adequacy Decision for the EU-US Data Privacy Framework

Written by Susan Kohn Ross, Stacey Chuvaieva, and Lucy Holmes Plovnick Yesterday, July 10, 2023, the European Commission adopted a new adequacy decision entitled the EU-US Data Privacy Framework. It provides a new mechanism designed to permit the transfer of personal data from the European Union to the United States (“Framework”) in a manner that adequately protects the privacy rights of those individuals whose personally identifiable … Continue reading New Adequacy Decision for the EU-US Data Privacy Framework

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Cybersecurity, Regulatory

More States Enact Privacy Laws

Written by Susan Kohn Ross, Lucy Plovnick, Stacey Chuvaieva and Albina Gasanbekova Iowa and Indiana now become the sixth and the seventh states, respectively, to provide comprehensive privacy protection to those living in those states, following the lead of California, Virginia, Connecticut, Colorado, and Utah (in that order). Those who do business in Iowa or have Iowa consumers as customers/users have until January 1, 2025 … Continue reading More States Enact Privacy Laws

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Cybersecurity, Regulatory

Final California Privacy Regulations Approved: Key Takeaways

Written by Susan Kohn Ross and Stacey Chuvaieva On March 29, 2023, California’s Office of Administrative Law (“OAL”) approved the final text of the first part of the regulations issued by the California Privacy Protection Agency (“CPPA”) , which will take effect immediately (“Regulations”). These final Regulations provide long awaited guidance on some new concepts contained in the California Privacy Rights Act (“CPRA”) which was approved by … Continue reading Final California Privacy Regulations Approved: Key Takeaways

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International Trade, Regulatory

301 Judgment by CIT – Not Down for the Count – Yet!

Written by Susan Kohn Ross On Friday, March 17, 2023, the Court of International Trade issued its decision in the pending 301 litigation. That decision can be found here. The judges agreed the actions by the U.S. Trade Representative (“USTR”) were adequate and found the tariffs valid for the products on Lists 3 and 4. [Lists 1 and 2 were never challenged.] It is entirely … Continue reading 301 Judgment by CIT – Not Down for the Count – Yet!

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Cybersecurity, Regulatory

New State Privacy Laws Effective in 2023: Get Ready For the Colorado, Connecticut, and Utah Privacy Laws

Written by Susan Kohn Ross, Lucy Holmes Plovnick, and Stacey Chuvaieva Colorado, Connecticut, and Utah have enacted comprehensive state privacy laws that will become effective in 2023.  The Colorado Privacy Act (“CPA”) and the Connecticut Data Privacy Act (“CTDPA”) both go into effect on July 1, 2023. The Utah Consumer Privacy Act (the “UCPA”) becomes effective on December 31, 2023.  The UCPA, CTDPA, and CPA … Continue reading New State Privacy Laws Effective in 2023: Get Ready For the Colorado, Connecticut, and Utah Privacy Laws

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