In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
PRC’s Personal Information Protection Law Scheduled for Implementation Next Year-What Do Businesses Need to Know?
As Scott Warren, Lindsay Zhu and Katherine Fan discuss in greater detail here, on August 20, 2021, the National People’s Congress Standing Committee of the People’s Republic of China passed the Personal Information Protection Law (the “PIPL”). They explain that “[t]he final version of the PIPL sets forth a number of new obligations
Sonic Data Privacy MDL Headed to Trial? Court Denies Defendant’s Motion for Summary Judgment
We’ve been following the Sonic cybersecurity MDL for some time now. Just last month the Sixth Circuit rejected Sonic’s bid to appeal a federal district court’s certification of a class under Fed. R. Civ. P. 23 to recover economic damages incurred by various financial institutions and credit unions arising from their reissuance of cards and
New York City Adopts Privacy Regulations Covering Restaurant Delivery Apps
As explained by CPW’s Kyle Fath, “[o]n July 29, the New York City Council passed Int. No. 2311, which amended the New York City Administrative Code to address customer data collected by delivery applications from online orders. The bill became law Aug. 29 and will come into effect after 120 days, on Dec. 27.
Federal Court Holds Defendant’s Purported Compliance With The CCPA is Not a Shield for Other Privacy Claims
In a significant ruling, the Northern District of California recently denied in part a defendant’s motion to dismiss a complaint alleging violations of various consumer privacy statutes. It found that an affirmative defense of compliance with one privacy statute, the California Consumer Privacy Act (“CCPA”), did not shield defendant from liability for alleged violations of
Billions of Dollars on the Line for Pending Seventh Circuit White Castle Decision-CPW’s Kristin Bryan Talks to Bloomberg Law
As readers of CPW already know, there are a number of open ended questions regarding litigations under BIPA that are to be decided in the near future. One of these cases is In Re: White Castle System, Inc., No. 20-8029 (7th Cir.). The plaintiff, Latrina Cothron, sued her employer, the fast food chain
Calif. Privacy Ramping Up As Regulation Matures-CPW’s Kyle Fath Talks to Law360
As CPW’s Kyle Fath recently explained to Law360 in an article focusing on California privacy enforcement, “[d]uring the past year, the [California] attorney general’s office has “focused substantially” on the CCPA’s do-not-sell right.” As covered in greater detail at Law360, “[t]his attention has come as little surprise, given the widespread uncertainty that has swirled since
Another Court Dismisses Session Replay Software Litigation Based on Disclosures in Privacy Policy
While session replay software litigation was the hottest development in data privacy litigation earlier this year, yet another court has rejected such a theory of liability—making it even more likely that this trend has already peaked. In this instance, the U.S. District Court for the Northern District of California ruled (for the second time)
English High Court Hands Down Ruling Calling Into Question Continued Viability of Certain Data Breach Theories Going Forward
As Victoria Leigh and Katherine Wakeham explain in a post covering recent developments in the UK concerning data incidents, “[o]ver the past few years, there has been an increasing number of claims against businesses and public bodies for distress caused by data breaches. The pattern is, by now, a familiar one. A claimant will make
Defendant Prevails in Factual Attack on Standing in Data Event Litigation Proceeding in Ninth Circuit District Court
Here at CPW, we have covered many decisions addressing the need for Article III standing when pleading a claim in federal court. A recent rare decision out of a district court in the Ninth Circuit dismissed a data event litigation for lack of standing—showing the efficacy of a particular type of motion practice known