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Riot Games, Inc. (“Riot”) is the developer and publisher of League of Legends (“LoL”), a popular multiplayer online battle arena game.[1] In LoL, two teams of five players each battle to destroy each other’s Nexus, or base. Players control characters that have various different attacks and abilities. Each team also has minions that stream towards the other team’s base, and each team attempts to protect their base by attacking other characters and pushing their own…

A new interpretation of the Commodities and Futures Trading Commission (the CFTC) removes some uncertainty from a key exemption for virtual currencies. On March 23, 2020, the CFTC approved its final interpretive guidance on the meaning of the term “actual delivery”. In order for retail commodity transactions involving digital assets to be exempt from CFTC regulation under the Commodity Exchange Act (CEA), the transaction must result in actual delivery within 28 days, or such other…

In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Amy de La Lama, a partner in our Chicago office. Amy and Brian discuss a top of mind topic: telehealth, and the changes to US privacy regulations or enforcement priorities that evolve in response to the COVID-19 pandemic. You will hear: A summary of the current regulatory environment in the US regarding to privacy and telehealthHow US authorities taken steps to…

In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Lothar Determann, a partner in Baker McKenzie’s Palo Alto office. Lothar and Brian discuss the finalization of the California Consumer Privacy Act. You can expect to hear: Lothar’s predictions for timing and substance of the final CCPA regulationsAspects of the draft regulation that may pose issues as standsPotential new privacy legislation to come from California in the future https://open.spotify.com/episode/6DgZ1KgqBwVLrnN3ex105Y Related Resources…

On March 11, 2020, the California Attorney General released another set of revisions to the California Consumer Privacy Act (CCPA) draft implementing regulations. The regulations are not yet finalized (a public comment period for this most recent version is open until March 27, 2020), but below we highlight key changes and takeaways for businesses under the latest version of the regulations. Note that this round of revisions to the regulations largely consist of updates to…

As of February 15th, twelve other states (in addition to California and Nevada) have either released new or revived old data privacy and protection bills that did not pass during last year’s legislative sessions. Through a four part video series, Global Chair of Data Privacy & Security Brian Hengesbaugh breaks down the need-to-know information for B2B businesses, including what companies could be considering now to prepare. Part one serves as an introduction, addressing the importance of the…

On February 25, 2020, the Federal Trade Commission released its 2019 Privacy and Security Update summarizing the year’s privacy and data security enforcement actions. And, by all accounts, it was a busy year for the privacy enforcement community. Privacy Enforcement Actions The most significant FTC enforcement action in 2019 – in fact, the largest consumer privacy fine ever imposed on any company in the world – was the Commission’s $5 billion penalty against a social…

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…

Antitrust enforcement officials in the US and EU are watching developments surrounding the use of pricing algorithms and artificial intelligence. One area in particular that has drawn attention is the emerging use for AI to combine data and analytics to more accurately price products. Of course, competitive intelligence gathering is a fact of life in business, and many companies have compliance policies to deal with antitrust risks that can arise when handling such information. However,…