Privacy Bounty Hunters, Part I: The Risks Are Real

As I’ve written previously, if you sell anything online, it’s not a question of if—it’s when privacy bounty hunters will comes calling, accusing your company of violating anti-wiretapping or privacy laws. “The better part of valor is discretion,” as Shakespeare said, and now is the time to act. You can take proactive steps to reduce your risk,...

Privacy Redux Part I: Is It Time to Rethink Federal and State Privacy Laws?

Is it time for a privacy redux, to visit privacy anew to determine whether our legal system is doing something more than entangling honest companies in a costly web of superficial and ultimately meaningless requirements? I think so. I also think we need to act quickly before the regulatory cement begins to set and drags...

David Bertoni Presents on Privacy Law at eTail Connect West 2023

On September 14, 2023, partner David Bertoni delivered a presentation on privacy law issues to the attendees of eTail West Connect 2023 in Los Angeles. Bertoni addressed the barrage of privacy issues facing eCommerce businesses, digital marketers, and other service providers. As set out in this handy checklist, these include: limiting the risk of class...

Brann & Isaacson Publishes An Advertiser’s Guide to Data Privacy in 2023

Brann & Isaacson’s privacy team, sponsored by NaviStone, Inc., have just published An Advertiser’s Guide to Data Privacy in 2023. The publication addresses current and emerging data privacy issues online sellers face, including new state laws, federal and state class action litigation, and the threat of mass arbitration. It highlights steps online sellers can take...

Nat Bessey Discusses California Privacy Laws in Boston CityBizList Article

Partner Nat Bessey’s article, “As Online Shopping Grows, California Extends the Scope of its Privacy Laws (Again),” appeared on Boston CityBizList on January 26, 2021. In the piece, Bessey discusses California’s latest consumer privacy law, the California Privacy Rights Act, passed in November on top of the recently enacted California Consumer Privacy Act. Bessey suggests...

B&I Attorney Presents at ACMA Webinar on California Consumer Privacy Act

On Wednesday, June 17, 2020, B&I partner David Swetnam-Burland participated in a webinar sponsored by the American Catalog Mailers Association on the “California Consumer Privacy Act: Are You Fully Prepared?” Swetnam-Burland spoke to a diverse group of catalog retailers and related businesses on the compliance requirements of the first-of-its-kind state privacy law; what businesses and...

Mailers Hub Article Highlights CCPA Compliance Issues for Mail Producers

In the first of a new, regular series of articles for Mailers Hub News, B&I attorneys Martin I. Eisenstein, David Swetnam-Burland, Stacy O. Stitham, and Jamie Szal reminded mail producers, “Ready or Not, the California Consumer Privacy Act Is Here” (at page 3). Their article provides an overview of the CCPA and the numerous and...

To Be Or Not To Be: Standing In Invasion of Privacy Cases

In the case of Frank v. Gaos, argued before the United States Supreme Court on October 31, 2018, oral argument took an unexpected turn, leading the Justices to direct the parties (and the Solicitor General) to brief the question of whether any named plaintiff had standing, i.e., whether they were in fact injured, in a...

Nevada Privacy Law Goes Into Effect October 1

What happens in Vegas, may now indeed need to stay in Vegas.  Although California’s sweeping new privacy law has dominated the headlines, other states are enacting their own, different privacy laws, and it’s important to understand the differences. Partner Stacy Stitham identifies some things we should know about the new Nevada privacy law.

Peter Brann Moderates Panel on State Privacy Regulation at Harvard

On March 1, 2019, partner Peter Brann moderated a panel entitled, “The State of State Privacy Regulation,” at the Berkman Klein Center for Internet & Society at Harvard. The panel was part of the 2019 AGTech Forum on Cybersecurity and Privacy. The fourth annual event brought together State Attorneys General and staff from State AG...