Category: Regulatory

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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Cybersecurity, Regulatory

Getting Ready For Virginia’s Consumer Data Protection Act (VCDPA)

Written by Susan Kohn Ross, Lucy Holmes Plovnick, and Stacey Chuvaieva On November 21, 2022 we reported about the changes taking place to California’s Consumer Privacy Act (here) which are effective January 1, 2023. In this Alert, we turn to the Virginia Consumer Data Protection Act (VCDPA) which takes effect on January 1, 2023. Inspired by the European GDPR, Virginia’s state privacy law aligns with its … Continue reading Getting Ready For Virginia’s Consumer Data Protection Act (VCDPA)

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Cybersecurity, Regulatory

The CPRA and Recent Privacy Patchwork

Written by Susan Kohn Ross, Lucy Holmes Plovnick, and Stacey Chuvaieva While the U.S. still does not have a federal privacy law, the laws in various states are changing. California was, of course, first, and even its law has changed. Following in 2023 are privacy laws in Virginia, Colorado, Connecticut and Utah. January 1, 2023 is the compliance date for the California Privacy Rights Act … Continue reading The CPRA and Recent Privacy Patchwork

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International Trade, Regulatory

Recent China 301 Activities – USTR Questions Released

Written by Susan Kohn Ross Updated 5:30pm PST, November 8, 2022. The 301 litigation at the Court of International Trade remains pending. The Government has filed its “Reply to comments on [R]emand [Determination]” responding to comments filed by Plaintiffs. Thereafter, Plaintiff’s will file their reply which is due by December 5, 2022. Once that filing takes place, the three judge panel will let litigants know … Continue reading Recent China 301 Activities – USTR Questions Released

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