On June 2, 2020, the United States Trade Representative (USTR) announced that his office is beginning investigations into digital services taxes that have been adopted or are being considered by a number of trading partners of the United States. The investigations will be conducted under Section 301 of the 1974 Trade Act. This provision gives the USTR broad authority to investigate and respond to a foreign country’s action which may be unfair or discriminatory and negatively affect…
On 28 April 2020, the US Department of Commerce’s Bureau of Industry and Security (BIS) published two new final rules and a proposed rule in the Federal Register amending the Export Administration Regulations (EAR) to tighten restrictions on exports of technology to China, Russia, and Venezuela. According to Commerce Secretary Wilbur Ross, these actions are intended to combat efforts by entities in China, Russia, and Venezuela to use certain US technologies obtained through civilian supply…
Included in the portfolio of emergency relief offered under the Senate’s $2 trillion coronavirus aid package is a direct loan program designed to provide financial assistance to mid-sized businesses suffering from the economic impacts associated with the COVID-19 pandemic. As part of the broader mandate to the Department of the Treasury in connection with the relief programs created under the CARES Act, Title IV of the Act authorizes the Treasury to allocate $454 billion to…
In part two of What Do Emerging State Privacy Laws Really Mean for B2B Companies, Global Chair of Data Privacy & Security Brian Hengesbaugh gave an overview on the substance of the new state privacy laws emerging in the United States. In part three, Brian talks collective next steps for B2B companies, covering actions that can be taken now to prepare. Click here to watch part three.
In part two, Global Chair of Data Privacy & Security Brian Hengesbaugh guides through the substance of these emerging laws, dissecting scope, types of data affected, and more. Click below to watch Brian share his thoughts on actions B2B companies should be prepared to take given what we know now. Click the video below to watch. Click here to watch part two.
In the United States, a significant legislative trend is on the horizon for insurers in 2020: a new breed of state privacy and cybersecurity laws. In the absence of federal intervention, a growing number of state legislatures are enacting laws and regulations modeling California’s Consumer Privacy Act for all businesses, and, in parallel, prescribing privacy and cybersecurity requirements directed at insurers. To help insurers stay ahead of the curve, we summarize below several cybersecurity measures…
On February 7, 2020, the California Attorney General released its revised draft implementing regulations for the California Consumer Privacy Act. The revised regulations are not yet final. The California AG will accept written comments regarding the updated regulations until 5:00 pm (PST) on Tuesday, February 25, 2020. The following is a high-level overview of the key new requirements under the updated regulations that are important for businesses to consider in connection with their CCPA compliance…
Along with changes brought by the CCPA, companies should be aware of other important privacy developments that went into effect in early 2020. Notable changes to data breach notification laws in California, Illinois, Oregon, and Texas promise to have a significant impact on businesses experiencing security incidents and signal a movement towards stricter and more demanding requirements in this space. California Amends Definition of Personal Information for Breach Notification The definition of personal information…
In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Teresa Michaud, a partner in Baker McKenzie’s Los Angeles office. Together they will discuss the possible private litigation that may arise as a result of the California Consumer Privacy Act (CCPA). Tune in to learn: What clients are calling “the scariest aspect” of the CCPAHow class action plaintiffs might bring suit outside of the data breach contextTeresa’s practical tips for how…
With the world’s attention on the California Consumer Privacy Act (CCPA), it’s easy to overlook the privacy storm that is brewing throughout the rest of the country. As of February 10th, eleven 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. Although the status of the majority of these bills is uncertain – as many…