The Bottom Line With a January 1, 2020 effective date looming, companies have been clamoring for clarity on the CCPA.These five amendments that were just passed by the legislature (assuming that they will be signed into law by the Governor, who has until October 13 to do so) will certainly help, Continue Reading
California Legislature Passes Bill Redefining Independent Contractor Test
Update California Assembly Bill 5, which goes into effect on January 1, 2020, was signed into law by California governor Gavin Newsom on September 18, 2019. The Bottom Line The new California bill is intended to curb the misclassification of independent contractors, makes it more difficult Continue Reading
Google and YouTube to Pay $170 Million in Largest Ever COPPA Settlement
The Bottom Line The settlement reached by the FTC and the New York State Attorney General with Google and YouTube imposes significant costs on the companies, even beyond the record-breaking $170 million civil penalty. It is a signal to advertisers, content providers, app developers and website Continue Reading
SEC Claims Kik’s Kin Is a Security and Its Offering Was Illegal
The Bottom Line The SEC's lawsuit against Kik Interactive, Inc. over the Kin ICO serves as a warning to those who want to start a new cryptocurrency: People will not use a new currency if it is not widely accepted, but the promoters' efforts to encourage its acceptance — and particularly the Continue Reading
FTC to Review the Children’s Online Privacy Protection Act
The Bottom Line The FTC’s latest COPPA review will not only impact online services that traditionally have been directed to children, but may extend to services that historically have not been considered child-directed, such as interactive television, interactive gaming and chatbots. The COPPA Continue Reading
New York Amends Security Breach Notification Law and Imposes New Security Obligations
The Bottom Line Companies that own or license New Yorkers’ private information must develop a data security program that is compliant with the SHIELD Act. The program should be documented in a written information security policy and other policies that are drafted specifically to reflect the Continue Reading
New Jersey Prohibits Employers from Requesting Job Applicant Salary History
The Bottom Line New Jersey’s salary history ban makes it an unlawful employment practice for companies to screen job applicants based on salary history, require applicants to disclose their salary history in the hiring process or consider as part of any employment decision a job applicant’s Continue Reading
New York City Bill Would Bar Sharing of Cellphone Location Data
The Bottom Line Mobile location data is recognized by the industry and regulators as sensitive personal data. Therefore, app providers and others in the mobile ecosystem need to be aware of industry best practices and new laws targeting such data, including the recently proposed bill by the New Continue Reading
Was Missguided Misguided? Kim Kardashian West Obtains $2.7 Million Judgment in Right of Publicity and Trademark Suit
The Bottom Line A celebrity’s most valuable asset is likely their name and likeness. As the Kardashian case illustrates, many celebrities are being targeted by third parties who use their names and images without their permission when promoting products or services. There are a number of steps Continue Reading
California and New York Ban Workplace Hair Discrimination, While New Jersey and Michigan Propose the Same
The Bottom Line California, New York State and New York City have implemented prohibitions on workplace policies that restrict haircuts, hairstyles or hair textures that are linked to a particular racial group. California and New York employers should take a close look at their workplace policies Continue Reading