In California Privacy Protection Agency et al. v. The Superior Court of Sacramento County (case number C099130), the Third Appellate District of the California Court of Appeal returned authority to the California Privacy Protection Agency (CPPA) to enforce the regulations promulgated under California’s groundbreaking consumer data privacy law, the California Consumer Privacy Act (CCPA, as amended by
In Part I (”When Can an Insurer Pursue a Malpractice Claim Against Defense Counsel Retained for an Insured”) of our two-part article published by the ABA’s Insurance Coverage Litigation Committee (ICLC), we addressed the circumstances in which an insurer can directly pursue malpractice claims against defense counsel. We observed that the majority of courts have
The California Privacy Protection Agency (CPPA) released its draft regulatory framework for automated decision-making technology (ADMT) on November 27. These regulations are a preview of what new requirements may look like for companies currently regulated by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the
Developments in the law have increased the potential liability that companies could face under the Illinois Biometric Information Privacy Act (BIPA), but fortunately for policyholders, Illinois case law has also solidified coverage for BIPA claims under the Commercial General Liability (CGL) policies they already have.
As BIPA claims make their way through the courts, the
We keep hearing about how difficult it is for our clients to get property insurance these days, both for homes and businesses in Northern California’s wildfire-prone areas. Which, of course, is most of Northern California. Those who have not yet been non-renewed are dreading a potential notice on their next renewal cycle, and those who
When an insurer accepts an insured’s tender and agrees to provide a defense, it is often an afterthought as to whether the insurer can actually recoup those defense costs or indemnity payments from the insured or defense counsel if things go south. But in certain circumstances, insurance carriers can, and sometimes do, seek to recoup
We recently wrote an article for Private Company Director on how disputes between shareholders may not be governed by fiduciary duties but could be covered by insurance.
Disputes regarding ownership interests often arise in the context of closely held corporations, particularly when directors, officers, or majority shareholders sell or acquire ownership interests in the company.
In today’s rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting it for countless cost-effective purposes. As nonprofit executives, you may wonder how AI intersects with intellectual property and data privacy law and how it
Shortly before the California Privacy Right Act (CPRA) modifications to the California Consumer Privacy Act (CCPA) were set to become enforceable on July 1, 2023, a Sacramento Superior Court judge issued a ruling on June 30, 2023 pushing enforcement of CPRA regulations from July 1, 2023 to March 29, 2024.
ChatGPT got the early press, and every day we learn of new generative artificial intelligence products that can create new and creative visual and text responses to human input. Following on ChatGPT’s fame, Google’s Bard and Microsoft’s Bing are now grabbing some of the spotlight, but these are merely a few of the hundreds if
