Shai Mehani

Important update in biometric privacy laws. Illinois passed Bill 2979, updating the Biometric Information Privacy Act. The recent Coltrane v. White Castle case clarified that every time biometric data is collected, it triggers BIPA, highlighting the need for strict regulation. Comparing the Coltrane decision with Bill 2979 shows how biometric privacy laws are evolving. While Coltrane broadened BIPA's coverage, Bill 2979 provides clearer rules for businesses navigating BIPA. #BiometricPrivacy #DataProtection #EthicalAI"

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New Ruling on Punitive Damages and Attorney Fees in California Invasion of Privacy Act (CIPA) Case As Thompson Hine has previously reported, the recent surge of privacy claims under the California Invasion of Privacy Act (CIPA) related to using website cookies, pixels, and web beacons continues to impact a several sectors. It has been especially harmful to small businesses. On July 15, Judge Rolf Treu ruled on a preliminary motion in a CIPA lawsuit and concluded that the plaintiff could potentially recover punitive damages and attorney fees. Although this case does not address the merits of whether website tracking technologies are considered pen registers or trap and trace devices under CIPA, plaintiffs may rely on it to demand larger awards and settlements in their CIPA actions. Businesses that deploy these types of online tracking technologies should immediately reassess the legal terms governing the use of their websites and whether they contain favorable dispute resolution provisions, such as remedies available for claims arising from a consumer’s use of the website. View full update here ➡ https://bit.ly/3WjOO3x Steven Stransky I Jennifer Adler #DataPrivacy #PrivacyLaw #ThompsonHine #California

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AI Vendor Checklist! Want to test AI-based tools in your law practice, but you have highly sensitive client information? Here’s Part 1 of 2 of our checklist for your software vendors. I’m Dorna at Gavel, the automation platform for legal professionals. See what Gavel does at www.gavel.io. #Gavel #DataPrivacy #DataProtection #LegalTech

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On June 5, Hartford Attorney Woo Sin Sean Park will serve on the panel for a live webinar, "Generative AI and Copyright Law: How to Set Up Corporate Frameworks," presented by the Intellectual Property Owners Association (IPO). The panel will discuss issues for in-house counsel to consider in guiding business teams interested in leveraging new generative AI tools. Read more here: https://hubs.ly/Q02yHnH_0. To learn more and register, please visit: https://hubs.ly/Q02yHhtc0. #CTAttorneys #IPAttorneys #IPLaw #IntellectualProperty #AI #GenAI

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From Meg Pritchard of CREATE: Communication: https://lnkd.in/gBxQiXrR

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Federal privacy law faces new hurdles ahead of markup: Business groups and civil rights activists have raised objections to the latest version of the legislation, due for committee consideration Thursday. The post Federal privacy law faces new hurdles ahead of markup appeared first on CyberScoop. #cyber #cybersecurity #cybersecurityjobs #Innovation #Technology #cloud #management #socanalyst

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I am very intrigued by the technology of SuperLegal aiming to replace lawyers or legal talent with SAAS services...Naturally, this technology raises many questions to include -- liability to malpractice, state law compliance and the need of actual lawyers to monitor the performance of the software...we shall follow tup o see where this AI tidbit takes us....

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"Locus Link exemplifies how an expungement proceeding can accomplish its goal to provide a streamlined means of partially or completely canceling a federal #trademark registration due to nonuse of the registered mark for some or all of the goods and/or services recited in the registration. Even more importantly, Locus Link underscores the importance of properly phrasing one's description of goods and/or services in an application to federally register a trademark or service mark."

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Recent Holdings on the California Invasion of Privacy Act (CIPA) The surge of privacy claims under the California Invasion of Privacy Act (CIPA) concerning the use of website cookies, pixels, and web beacons continues to impact organizations of all sizes and sectors. On July 2, the Los Angeles Superior Court issued two separate and opposing rulings in Palacios v. Lolliprops Inc. and Palacios v. Wilson Sporting Goods Company regarding whether CIPA-related claims should be dismissed based on the court’s lack of personal jurisdictional over the Defendants. These two cases, which involve CIPA provisions governing pen registers and trap and trace devices (PR/TTs), may reflect the beginning of a trend in which organizations are more willing to litigate these cases in anticipation of having courts dismiss them, either on the ground that they are meritless under CIPA, procedural grounds, or both, to establish a line of positive precedent. Read more: https://lnkd.in/gDUDAFXr Steven Stransky I Kip Bollin I Jennifer Adler #PrivacyLitigation #PenRegisters #DataPrivacy #PrivacyLaw #ThompsonHine

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As the use of AI-based legal contract tools becomes more common, it's important to consider the potential risks involved. Despite the shiny exterior, these tools often lack true security-by-design, leaving sensitive content vulnerable to third-party providers. With little accountability and no ISO certifications, transparency can often be grey at best. It's clear that we still have a long way to go before these tools can truly replace human jobs in the legal industry. #AI #securitybydesign #shinyobjects #provemewrong #humanintheloop #owasp

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Attendees of the Privacy Symposium 2024 on June 13 can hear from partner Patrick Van Eecke as he speaks on key information about #AI, data ownership and intellectual property rights. Cooley partner Travis LeBlanc will also be leading a session on privacy in democratic societies on June 10 + will share insights during a panel on internet governance on June 12. 📆 More information at the link below. For more AI resources and to see the team's full capabilities in this evolving space, visit our #CooleyAI page here: https://bit.ly/CooleyAI #AI #artificialintelligence

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CCPA enforcement action #3: And here comes the California AG together with the LA City Attorney with the third CCPA enforcement action (after Sephora and DoorDash), this time against Tilting Point Media, a game maker. The attorneys allege violations of COPPA and CCPA. *** Tl;dr The company developed a SpongeBob game and allegedly didn't obtain (a) parental consent for under 13 users or (b) users' affirmative opt in consent for sharing data of users 13-17. *** A couple of interesting points: ✅ Children's data: Every policymaker/ regulator is focused on children's data these days. And by children I mean under 18 = no longer just COPPA's U13. Frank Pallone held up the APRA because in his opinion it lacked sufficient punch on kids' data. Perhaps we'll see a breakthrough there at some point. https://lnkd.in/eNJeVsHW Maryland passed an age appropriate design code last month https://lnkd.in/edsqFNRW. And last week New York passed two children's data laws, which await the governor's signature. https://lnkd.in/e6QW4adS. ✅ OUT: AI governance; IN: SDK governance: The AG focuses on the allegation that the company "incorrectly configured software development kits (SDKs)" on its app. Indeed, the stipulated judgment it requires the company to "implement and maintain an SDK governance framework". This should serve as a wakeup call to apps (and websites) that are unaware of what SDKs (or cookies, pixels, scripts) are embedded in their product and what data they collect or share. ✅ Opt in for under 18: In California, if children under 18 use your site, you *must* get affirmative opt-in consent if you integrate trackers for advertising purposes. Per Sephora and DoorDash, the AG considers this a "sell or share"'; and for "selling or sharing" U18 data in California, the rule is *opt in* and not opt out. ✅ It's getting hot in here: As expected, CCPA enforcement is just gearing up, and 16 more state laws are coming into force in the near future. If you haven't already, get your data practices in order, or else......

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   🛡️ Navigating Privacy Risks: Lessons Learned from Esparza v. Kohl's 🛡️   Miguel Esparza filed a lawsuit against Kohl's recently, alleging that the retailer had allowed a third-party business to listen in on his online conversation with a customer support representative without his consent. Some of Esparza's claims were accepted by the court, but others were rejected, suggesting potential violations of California laws on invasion of privacy and computer fraud.   This case emphasizes how crucial it is to handle customer's personal information online with caution. Businesses need to be careful not to share data with third parties without the right permission since this could have legal consequences. To maintain transparency and secure user consent, privacy rules and website practices must be routinely reviewed.   Regarding risk litigation, this case should serve as a cautionary tale for businesses that disregard confidentiality. Damage to reputation and costly litigation may arise from failing to manage privacy threats. To avoid these kinds of situations and reduce the possibility of legal problems, businesses must implement strong risk management protocols.   Let us learn from this case and prioritize customer privacy in our online practices! #ComplyRiskNetwork #CustomerPrivacy #RiskManagement #DataProtection #RiskMitigation #RiskLitigation  

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In this #privacyespresso episode, Yugo Nagashima partner at Frost Brown Todd, PrivacyRules law firm member for the United States, delves into the newly proposed American #PrivacyRightsAct of 2024, which aims to reshape privacy law in the U.S. Episode Highlights: - Overview of #APRA: Learn about what's new in this proposal compared to previous attempts at federal privacy legislation. Understand the nuances of "covered data" and how it aligns with personal data definitions similar to the GDPR. - Consumer #Data Rights: Explore how APRA mirrors #GDPR in giving consumers rights to access, correction, deletion, and portability of their data. - Data Minimization and Compliance Roles: Discover the similarities in data minimization principles and the requirements for data protection roles under both GDPR and APRA. - Federal vs. State Laws: Yugo discusses the impact of APRA on existing state laws, exploring the preemption clause that could standardize privacy regulations across the U.S. - Sector-Specific Regulations: Gain insight into how APRA interacts with sector-specific laws like HIPAA and FERPA, which are carved out from the act's provisions. Yugo also shares practical advice on what businesses should do today to prepare for potential changes, emphasizing the importance of understanding the law's implications on corporate privacy practices. Tune in to ensure your privacy practices align with emerging U.S. regulations 👉https://bit.ly/3wOCfoc Don’t forget to subscribe to our channel for more expert takes on privacy and #dataprotection laws around the world! Read the article to get more insights on the topic 👉 https://bit.ly/3Va88AW

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