The number of states enacting comprehensive privacy laws is growing, adding to the existing patchwork of privacy, security, and data breach notification laws that keep legal and compliance personnel busy. This five-part series will highlight key provisions in a few of the new comprehensive privacy laws and regulations. Each week we will examine laws in a new state and provide recommendations on what steps businesses should consider taking. We begin with the Virginia Consumer Data Protection Act.
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Privacy Protection Patchwork, Part I: New Comprehensive State Privacy Laws and How They Could Impact Your Business Posted on: June 06, 2022 In: Data Privacy & Cybersecurity
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CPPA Issues CPRA Draft Regulations Posted on: June 01, 2022 In: Data Privacy & CybersecurityOn Friday, May 27, 2022, the California Privacy Protection Agency (CPPA) issued draft proposed regulations ahead of its June 8, 2022 board meeting. While these draft regulations are subject to public comment and may undergo extensive revisions before they are finalized, the draft rules provide some insight into the direction the CPPA is taking with regard to how businesses may collect and use personal information as well as the form and content for notices and disclosures to consumers.
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Five Things Employment Lawyers Are Talking About (and Maybe You Should Too) Posted on: May 24, 2022 In: Labor & EmploymentWithin the Labor & Employment Advice and Counseling Group at Lewis Brisbois, we talk up a storm. We talk to each other and we talk to our clients, every day, about all the new changes being implemented by state and local lawmakers in many parts of the United States. While every employer, employee, and workplace is different and unique, you can’t help but spot some trends over time. So, what are we talking about, exactly? Here are our top five most-talked-about topics for 2022 – so far.
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Tips for Employers When Drafting Employment Applications Posted on: May 19, 2022 In: Labor & EmploymentEmployers trying to minimize risk of legal exposure must consider several critical issues when screening prospective hires, including drafting and reviewing employment applications. A job application is a vital part of the screening process and provides an organized way for the employer to collect information from applicants. But applications must be drafted to comply with all relevant federal, state, and local laws and so, by extension, contain several legal traps for the unwary.
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All Hail the Red Team! The Value of Penetration Testing for a Cybersecurity Culture Posted on: May 17, 2022 In: Data Privacy & CybersecurityWhile many organizations seek to monitor their cybersecurity posture with internal testing, such as table top exercises, simulated phishing attacks, and other proactive measures, the question always remains: is it enough to thwart a sophisticated threat actor? This simple question, with its many complexities and concerns, was a daily inquiry for me as a former FBI executive in charge of the data presentation and storage for operations.
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Check the Checklist! Four Considerations When Hiring Your First Employee Posted on: May 13, 2022 In: Labor & EmploymentSo, you’ve started a business all by yourself. That is no small feat. You have chosen an awesome company name, your tax documents are all in order, and your website has been generating lots of traffic. Now, your business is booming, and you’re up to your nose in work! It might be time to hire your first employee. That will also be no small step, and there are many considerations to, well, consider. Here’s a checklist to keep in mind.
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California Employers’ New Obligations Under the CPRA Posted on: May 11, 2022 In: Labor & EmploymentIn November 2020, California voters approved Proposition 24 – also known as the California Privacy Rights Act (CPRA) – a ballot initiative that amended the California Consumer Privacy Act (CCPA). While the CCPA explicitly granted data privacy rights to California residents in their capacity as consumers, the CPRA grants employees additional rights with respect to their data rights.
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NCAA Takes Action to Address “Collectives” and “Booster” Involvement in NIL Activity Posted on: May 10, 2022 In: Sports LawThe NCAA Division I Board of Directors has issued long-awaited guidance to provide clarity and address specific recruiting activities being conducted by “collectives” and “boosters” regarding name, image, and likeness (NIL) opportunities for prospective student-athletes and current student-athletes.
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Can Your Coffee Maker Be Hacked? Cybersecurity Issues and the Growing Internet of Things Posted on: May 09, 2022 In: Data Privacy & CybersecurityInternet of Things (IoT) devices have flooded the lives of consumers over the past few years, with the global IoT market valued at $384.7 billion in 2021, according to a March 2022 report from Fortune Business Insights. "Smart" technology has become a standard feature on most consumer products, and with a growing number of devices being connected to the internet, it is increasingly important that the public be sufficiently educated on the risks that accompany IoT devices.
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Effective Non-Competition Agreements for Expanding Businesses Posted on: April 20, 2022 In: Labor & EmploymentExpansions in your workforce and market territory can increase the likelihood that your business will encounter jurisdictional issues that can affect your non-competition agreements. A growing business should carefully scrutinize overly broad non-competition provisions in order to draft an agreement that is durable enough to survive such changes. This article will discuss some issues that can affect your non-competition agreements plus suggestions to consider in navigating the growth of your company.
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Tips for Employers for Compliant Handbook Policies and Practices Posted on: April 19, 2022 In: Labor & EmploymentEvery employer who has ever faced the seemingly daunting task of preparing an employee handbook or updating existing policies knows how overwhelming the process may seem. From ensuring the policies are exhaustive to analyzing whether they comply with the law in your state, the task may seem like a big project. This post provides some tips for employers when reviewing their policies and procedures.
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No Private Right of Action for Financial Kickback Retaliation Under New York Labor Law Posted on: April 18, 2022 In: Labor & EmploymentRetaliation under New York Labor Law can take many forms, but we rarely hear about it in the context of wage kickbacks. This is because the statute only provides a private right of action to plaintiffs in limited situations. A recent case made it all the way to the Court of Appeals – New York’s highest court – to determine whether an aggrieved employee could pursue his suit for kickback retaliation under the applicable Labor Law.
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Featured Posts
- May 10, 2022 NCAA Takes Action to Address “Collectives” and “Booster” Involvement in NIL Activity
- May 09, 2022 Can Your Coffee Maker Be Hacked? Cybersecurity Issues and the Growing Internet of Things
- April 15, 2022 Federal Law Ends Mandatory Arbitration of Sexual Harassment and Sexual Assault Claims
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