Last year, we noted that the Supreme Court had granted certiorari in a case that could limit the ability of plaintiffs to sue defendants over bare statutory violations without the showing of actual injury. The case implicates a wide variety of statutes that grant monetary awards to successful plaintiffs on
GDPR Publication Starts Countdown to May 2018 Compliance Date for New Privacy Rules
The new General Data Protection Regulation (GDPR) (Regulation 2016/69, Apr. 27, 2016), approved by the European Parliament and the Council of the European Union, was formally published in the Official Journal of the European Union on May 4, 2016, and will replace the Data Protection Directive (Directive 95/46/EC) effective May 28, 2018. This
California Adds Styrene to Proposition 65 List; Proposes NSRL
On April 22, 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) added styrene to the Proposition 65 list of carcinogens. OEHHA maintains a list of chemicals required under Proposition 65 (formally, the California Safe Drinking Water and Toxic Enforcement Act) that are “known to the state” to be reproductive toxicants or carcinogens based on
NTIA Steps into IoT Debate
Continuing its tradition of active involvement in digital economy questions, the Department of Commerce’s (DOC) National Telecommunications and Information Administration (NTIA) issued a request for public comment on questions posed by the growth of the Internet of Things (IoT). The explosive growth of connected products, anticipated to reach 25 billion by 2020, is one reason
Appeals Court Agrees That Health Solutions Provider’s Insurance Requires Defense in Data Disclosure Class Action
Availability of insurance is often among the first questions that arises when a company encounters a data breach or other Internet-related problem involving company records, even where the company lacks a cyberinsurance policy. The federal Fourth Circuit Court of Appeals recently affirmed a ruling by a District Court that required insurance coverage for an inadvertent
FCC Adopts Broadband Privacy NPRM
At its Open Meeting yesterday, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking (NPRM) that would apply the privacy protections in Section 222 of the Communications Act to broadband Internet Service Providers (ISPs). The text of the NPRM, which reportedly seeks public comment on more than 500 questions relating to privacy and
CPSC Obtains Record $15.45 Million Settlement from Dehumidifier Manufacturer
The U.S. Consumer Product Safety Commission (CPSC) today announced that it had obtained a record $15,450,000 settlement of civil penalty liability from three Gree Electric entities (Gree Electric Appliances, Inc., of Zhuhai; Hong Kong Gree Electric Appliances Sales Co., Ltd.; and Gree USA Sales, Ltd.) (collectively, Gree). (The settlement is provisional until after the public
Children’s Confection Advertising Initiative Launched
The newly launched Children’s Confection Advertising Initiative (CCAI), modeled on the Children’s Food and Beverage Advertising Initiative (CFBAI) and its Core Principles, is the latest food industry self-regulatory announcement under which participants agree to limit advertising to children under 12 or in elementary schools (from pre-kindergarten through sixth grade). The Council of Better Business
The FCC Continues Privacy Push with Draft Proposal Regulating ISP Customers’ Data
On the heels of the Open Internet Order adopted by the Federal Communications Commission (FCC) last year, FCC Chairman Tom Wheeler has circulated a Notice of Proposed Rulemaking (NPRM) to fellow Commissioners that would apply the privacy protections of the Communications Act to
FTC Extends Comment Deadline on Proposed Changes to Jewelry Guides
The Federal Trade Commission (FTC or Commission) announced that it will extend the period for the public to comment on its proposed update to the Guides for the Jewelry, Precious Metals, and Pewter Industries (the Jewelry Guides, published in 16 C.F.R. Part 23). Comments