CCPA Compliance – Required Updates to Privacy Policies

By: Faith D. Kasparian, Ann M. O'Rourke &  Ryan J. Perry Among the many requirements placed on businesses by the California Consumer Privacy Act (CCPA), businesses must also keep in mind the continuing obligations that the law imposes. To remain in compliance with the CCPA, a business is required to update its privacy policy “at least once every 12 months.” Specifically, the applicable section of …

European Commission Adopts New Standard Contractual Clauses for Data Transfers

By: Faith D. Kasparian, Ann M. O'Rourke &  Ryan J. Perry On Friday, June 4, 2021, the European Commission released eagerly anticipated Standard Contractual Clauses (SCCs) for transfers to third countries (the “Data Transfer SCCs”). On the same day, the European Commission released another set of Standard Contractual Clauses addressing data sharing between controllers and processors in the absence of a third-country transfer. The …

Preparing for Investment – How Organized are your Corporate Documents?

By: Jeremy Siegel Whether you’re approaching your first round (or third round) of venture capital fundraising, or you’re starting to think about a potential exit event or acquisition, approaching large-scale business transactions such as these can have you feeling apprehensive. You may be concerned about your valuation, how to structure the deal, and how to …

Cancelling a Trademark: What’s Peloton’s Spin?

By: Stacey C. Friends & Sean D. Detweiler During the recent pandemic, you've probably heard this brand everywhere: Peloton. If you don't have a Peloton bike of your own, you probably have a fitness-enthusiast friend who owns one (and tells you all about their spin class pursuits). With this stationary bike maker all the rage, …

Virginia Follows California Lead on Data Protection—With Narrower Scope

By: Faith D. Kasparian & Ann M. O'Rourke On March 2, 2021, a new comprehensive data protection law was enacted in Virginia, which will become effective on January 1, 2023.  The scope of the Virginia Consumer Data Protection Act (VCDPA) is narrower in many respects than the California Consumer Privacy Act (CCPA).  Notably, unlike the CCPA, there is no threshold …

COVID-19 Alert: Covid-19 Relief Law Decoded: What Clients Need To Know Now

By: Matthew Mitchell, Joe Hunt, & Amanda Thibodeau On December 27, 2020, the Consolidated Appropriations Act of 2021 (the “CAA”) passed into law. The CAA includes long-anticipated measures in response to the COVID-19 pandemic and resulting economic crisis. The CAA supplements and extend measures enacted earlier this year, including the Coronavirus Aid, Relief, and Economic Security Act (the …

New York Extends Its Right of Publicity and Penalizes Sexually Explicit Deepfakes

By: Howard Zaharoff On November 30, 2020, Governor Andrew Cuomo signed Senate Bill S5959D, effective on May 29, 2021, to amend New York law in two ways. First, the bill establishes the right of publicity for certain deceased individuals, and second, it provides a private right of action for unlawful dissemination or publication of certain sexually explicit depictions. …

FTC Issues 6(b) Orders to Social Media and Video Streaming Services

On December 14, 2020, the Federal Trade Commission (FTC) announced that it had issued orders to nine social media and video streaming companies, requiring them to provide a special report on data collection, advertisement, and user engagement practices. By a vote of 4 to 1, the FTC issued the orders to conduct a study, authorized by section 6(b) …

IoT Baby-Steps: The Feds Enact Cybersecurity Improvement Act

By: Howard Zaharoff On December 4, 2020, the Internet of Things (IoT) Cybersecurity Improvement Act of 2020 (H.R. 1668, 116th Cong.) (the “Act”) was signed into law. This bipartisan bill requires the National Institute of Standards and Technology (NIST) to create minimum cybersecurity standards for IoT devices purchased or used by the federal government. Guidelines are to be developed over the next several months, so …

Trademark Fees Increasing January 2, 2021

By: Stacey Friends and Sean Detweiler For the first time in three years, The USPTO is setting and adjusting Trademark and Trademark Trial and Appeal Board fees through its Final Rule, effective January 2, 2021. The goals of the fee increases, as stated by the USPTO, are to: Enhance the quality of examinations Achieve optimal examination times Invest in modernizing USPTO systems and infrastructure …