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Teresa Michaud

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In this episode, Paul Glass, head of Cybersecurity in the UK, is joined by Teresa Michaud, co-chair of the North America Class Action subgroup, and Stephen Reynolds, partner based in Chicago, as they discuss consumer class actions in relation to data breaches and security incidents. Listen in to hear about: overriding themes that have characterized the last year of US class action litigationcybersecurity and data privacy trends and significant developments in the class action space,…

In brief On “Privacy Day” – California Attorney General Rob Bonta announced an investigative sweep targeted at the data collection practices of businesses running consumer loyalty programs in California and issued notices of non-compliance to a number of “major corporations” in the retail, home improvement, travel, and food services industries. Such loyalty programs offered financial incentives to consumers (e.g., discounts, free items, and other rewards) in exchange for their personal information. Under the California Consumer Privacy Act…

After years of legislative debate, Congress passed a new law requiring key businesses to report certain data breaches—or “covered incidents”—to the government. Signed by President Biden on March 15, 2022, the law, part of the Strengthening American Cybersecurity Act, requires companies that operate critical infrastructure—financial institutions, utilities, and other organizations—to share information with the Cybersecurity and Infrastructure Security Agency (CISA) about certain cybersecurity incidents within 72 hours and ransomware payments to cyber criminals within 24…

The Supreme Court of the United States has addressed a contentious split among federal circuit courts of appeals on the definition of “autodialer” under the Telephone Consumer Protection Act (TCPA) with a decision that should greatly reduce the amount of TCPA litigation in the US. The TCPA prohibits any person from placing phone calls (including text messages) to a wireless number using an “autodialer,” among other things, without the recipient’s prior express consent (or, for…

Facial recognition has several societal benefits, but presents unique risks. In this episode of Eye on AI, Teresa Michaud and Mark Goodman join moderator Bradford Newman to discuss some of the primary benefits and key risks for companies that make or use FR and identify ways to minimize such risks. Click here to view the video More Eye on AI Eye on AI Episode 1: Three AI Must-Knows for Technology Transactions Eye on AI Episode 2: AI Regulation Under the New…

The Empire State is making waves in the world of privacy with the introduction of its own version of the now infamous California Consumer Privacy Act (CCPA).  SB 567, which was introduced on January 6, 2021, is New York’s attempt to introduce new consumer rights with respect to personal information, as well as regulate the sale of consumer personal information to third parties.  Notably, the Bill also introduces a private right of action for consumers…

Based on preliminary election results, Californians voted to enact the California Privacy Rights Act (“CPRA”), expanding and revising the California Consumer Privacy Act of 2018 (“CCPA”) effective January 1, 2023 with a one-year look-back to January 1, 2022 for some provisions. Companies around the world with business ties to California should start updating vendor contracts and prepare for new requirements under the statute and revised regulations to be issued by a new California Privacy Protection…

**Originally published by Bloomberg Law.** On July 1, 2020 California’s attorney general started enforcing the California Consumer Privacy Act by sending letters to companies with requests to cure alleged violations, as contemplated by the CCPA. The legislation took effect on Jan. 1, 2020, as part of the California Civil Code, and called on the attorney general to enforce the law within six months of enacting regulations or July 1, 2020 the latest. The CCPA regulations…

The pandemic has introduced an interesting dynamic for the media industry: the consumer demand for content increased, but the production and distribution of content has become more challenging. In this episode, our panel of experts tackle the new circumstances that surround the reopening of media companies worldwide. Join Carolina Pardo, Chema Mendez, and Teresa Michaud as they dissect the restrictions that are now part of all these businesses’ new normal, the strategies that the content producers and distributors employ…

Now that the California Consumer Privacy Act is in effect, it is imperative to consider the potential litigation risks that many companies are likely to face as a result of the new law. While many commentators have analyzed the CCPA’s express private right of action for data breaches that occur in the absence of reasonable security measures, it’s important to note that class litigation may be used in an attempt to privately enforce the other…