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A spate of lawsuits across the country has targeted companies that use website tracking and analytics tools, claiming they are violating prohibitions against illegal wiretaps. In a recent precedential decision, the Third Circuit weighed in on this issue, suggesting that companies can indeed be...
The California Attorney General began exercising enforcement authority under the CCPA on January 1, 2020. Among the CCPA’s enumerated rights for consumers, the cornerstone of the CCPA, is the right to opt out of the collection of personal information. In Sephora’s case, the Attorney General...
On July 15, 2022, the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS) announced the resolution of eleven investigations as part of its Health Insurance Portability and Accountability Act (HIPAA) Right of Access Initiative (the "Initiative"). OCR created...
The CFPB is now ready to directly regulate the purveyors of digital consumer marketing. The CFPB new rule clarifies when digital marketers and financial products sellers are subject to consumer protection regulations. Digital marketers that are "materially involved" in the development of content...
RESPA COMPLIANCE: AVOID PESKY SECTION 8 VIOLATIONS Francis "Trip" Riley III, co-chair of the Firm's Consumer Financial Services Litigation Practice, will be speaking during a ALTA Insights webinar on RESPA Compliance. The Consumer Financial Protection Bureau's (CFPB’s) more aggressive approach to...
No ‘slam dunk fix’ in HIPAA privacy law to protect abortion patients The Biden administration wants to lean on the decades-old privacy law to protect abortion patients. What could it actually do? “Typically, the laws are trying to catch up with where the real world is, in terms of what’s going on...
On June 29, 2022, the U.S. Department of Health and Human Services Office for Civil Rights released two guidance documents addressing (1) disclosures under the HIPAA Privacy Rule relating to reproductive health care (“Disclosure Guidance”), and (2) the privacy and security of reproductive health...
On June 30th, the United States Supreme Court issued its decision in West Virginia v. EPA. The Court concluded that the EPA had exceeded its authority under the Clean Air Act by establishing emission caps in the Clean Power Plan (CPP) that would have required a shift in electrical generation from...
Attorney and host of the “Lawyers With Game” video podcast, Darius Gambino discuses The Ohio State University's trademark of the word "The" with NBC Legal Analyst Danny Cevallos on the Michael Smerconish Program, Tuesday 28 June 2022.