Privacy, Cybersecurity and Data Innovation

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Where Data Privacy And CFPB Are Headed Under Biden

New York partner Alexander Southwell, Denver partner Ryan Bergsieker and Denver associate Sarah Erickson are the authors of "Where Data Privacy And CFPB Are Headed Under Biden," [PDF] published by Law360 on November 24, 2020.

Publications | November 24, 2020

European Data Protection Board Issues Important New Guidance on Transfers of Personal Data Out of the European Economic Area

On 10 November 2020, the European Data Protection Board (EDPB) issued important new guidance on transferring personal data out of the European Economic Area (EEA). The guidance addresses a key question for many companies: how to transfer personal data out of the EEA to the United States or other countries not recognized by the European Commission as ensuring an adequate level of protection for personal data. The guidance thus begins to lessen some of the uncertainty caused by the Court of Justice of the European Union’s July 2020 ruling in the landmark Schrems II decision.

Client Alert | November 24, 2020

Businesses Should Prepare for a New Phase of Privacy Regulation and Enforcement in the United States

Californians have ushered in a law protecting individuals’ privacy unlike any other in the United States, and businesses are well-advised to evaluate its impact and prepare to comply.

Article | November 19, 2020

Gibson Dunn | Europe | Data Protection – November 2020

Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for November 2020.

Client Alert | November 5, 2020

The Potential Impact of the Upcoming Voter Initiative, the California Privacy Rights Act

On November 3, 2020, only four months after the California Consumer Privacy Act (CCPA) became enforceable, Californians will vote on a new consumer privacy ballot initiative, the California Privacy Rights Act (CPRA), styled as California Proposition 24.

| September 29, 2020

Gibson Dunn | Europe | Data Protection – September 2020

Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for September 2020.

Client Alert | September 8, 2020

California Approves Final CCPA Regulations, and Bill Extending Key Exemptions Moves Forward at the Legislature

On August 14, 2020, California Attorney General Xavier Becerra announced that the state’s Office of Administrative Law approved the final California Consumer Privacy Act regulations. In addition, on August 13, 2020, the California Senate Judiciary Committee agreed - with a unanimous 9-0 vote - to extend until January 2022 exemptions from certain CCPA requirements for personal information arising from business-to-business transactions and employment, which are currently set to expire January 1, 2021.

Client Alert | August 20, 2020

Webcast: Schrems II: What are the implications and viable options for international data transfers?

On July 16, 2020, the Court of Justice of the European Union struck down as legally invalid the U.S.-EU Privacy Shield but ruled that the “Standard Contractual Clauses” (SCCs) approved by the European Commission, another mechanism many companies use to justify such transfers, remain valid with some caveats. As part of a webcast, Gibson Dunn's international privacy group from the EU, the US and Asia shares its analysis of the Court ruling and its recommendations in light of the initial guidance issued by the European Data Protection Board and National Supervisory Authorities in the EU.

Webcasts | August 7, 2020

Gibson Dunn | Europe | Data Protection – August 2020

Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for August 2020.

Client Alert | August 5, 2020

The Court of Justice of the European Union Strikes Down the Privacy Shield but Upholds the Standard Contractual Clauses under Conditions

On July 16, 2020, the Court of Justice of the European Union struck down as legally invalid the U.S.-EU Privacy Shield, which some companies have used to justify transfers of personal data from the EU to the U.S.

Client Alert | July 17, 2020

U.S. Supreme Court to Weigh FTC Restitution Authority

On Thursday, July 9, 2020, the U.S. Supreme Court consolidated and agreed to review two closely watched cases, FTC v. Credit Bureau Center, LLC and AMG Capital Management, LLC v. FTC), concerning whether Section 13(b) of the Federal Trade Commission Act authorizes the FTC to seek an award of restitution.

Client Alert | July 13, 2020

Gibson Dunn | Europe | Data Protection – July 2020

Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for July 2020.

Client Alert | July 9, 2020

Supreme Court Upholds TCPA’s Robocall Ban, But Strikes Government-Debt Exception As Unconstitutional Under First Amendment

On July 6, 2020, the Supreme Court held 6-3 that the federal-debt-collection exception to the TCPA’s robocall ban violates the First Amendment, but also held 7-2 that the proper remedy is to sever the exception—leaving in place the entirety of the TCPA’s 1991 ban on robocalls. 

Client Alert | July 6, 2020

As California Consumer Privacy Act Enforcement Commences, a Tougher New Data Privacy Law Will Go Before California Voters in November

July 1, 2020, marks the date that the California Consumer Privacy Act (CCPA) becomes enforceable. Just one week ago, however, on June 24, 2020, a new and tougher proposed privacy law, the California Privacy Rights Act (CPRA), cleared the final hurdle to appear on the November 3, 2020 ballot in California.

Client Alert | July 1, 2020

GDPR Update: French Administrative Supreme Court Upholds 50 Million Euro Fine Against Google LLC

On June 19, 2020, the French Administrative Supreme Court (“Conseil d’Etat”) dismissed Google LLC’s appeal against the French Data Protection Authority’s decision of January 21, 2019, imposing a fine of 50 million euros on Google LLC.

Client Alert | June 23, 2020

California Consumer Privacy Act Update: Attorney General Finalizes Regulations and Provides Interpretive Guidance

The Office of the California Attorney General announced on June 1, 2020, that it submitted the final proposed regulations for the California Consumer Privacy Act (CCPA), and related documents, to the California Office of Administrative Law.

Client Alert | June 12, 2020

Gibson Dunn | Europe | Data Protection – June 2020

Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for June 2020.

Client Alert | June 4, 2020

Webcast: Preparing for the California Consumer Privacy Act (CCPA)

In this two-hour combined webcast, Gibson Dunn lawyers discuss compliance issues surrounding the California Consumer Privacy Act (CCPA), taking into account the first related class action lawsuits and the California Attorney General's new enforcement power.

Webcasts | May 22, 2020

Gibson Dunn | Europe | Data Protection – May 2020

Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for May 2020.

Client Alert | May 4, 2020

Webcast: Returning to Work: Health, Employment, and Privacy Considerations and Constraints as Businesses Resume Post-Quarantine Operations in the U.S.

As businesses plan to resume or expand operations in a post-quarantine COVID-19 world, they face a complex, and sometimes conflicting, patchwork of public health, employment, and privacy consideration. Gibson Dunn lawyers discuss these challenges.

Webcasts | April 30, 2020

European Perspective on Tracing Tools in the Context of COVID-19

As part of the fight against the spread of COVID-19 and desire to effectively lift the lockdown, governments and private companies around the world are considering the use of data driven digital tools, in particular digital tracing solutions.

Client Alert | April 28, 2020

Supreme Court to Resolve Longstanding Circuit Split Over Scope of Federal Anti-Hacking Statute

On April 20, 2020, the U.S. Supreme Court granted certiorari in Van Buren v. United States, to address a decade-long circuit split regarding the scope of the Computer Fraud and Abuse Act (CFAA), a statute the Supreme Court has never before interpreted and that is routinely invoked in both criminal and civil settings.

Client Alert | April 22, 2020

Gibson Dunn | Europe | Data Protection – April 2020

Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for April 2020.

Client Alert | April 9, 2020

The Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security Updates Essential Critical Infrastructure Workforce Guidance

On March 28, 2020, the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) revised its list of “Essential Critical Infrastructure Workers,” which provides expressly non-binding guidance to state and local authorities on identifying their essential workforce during the COVID-19 pandemic. 

Client Alert | April 1, 2020

Privacy and Cybersecurity Issues Related to COVID-19

Gibson Dunn lawyers summarize key privacy and cybersecurity implications of collecting and sharing personal information from employees, site visitors, and other individuals to manage COVID-19 risk, as well as cybersecurity risks of these and other management and mitigation efforts.

Client Alert | March 20, 2020

California Consumer Privacy Act Update: Attorney General Proposes Further Revisions to CCPA Regulations

On March 11, 2020, California Attorney General Xavier Becerra released another set of revisions to the proposed regulations implementing the California Consumer Privacy Act of 2018 (CCPA). Gibson Dunn lawyers review the most impactful of these new changes.

Client Alert | March 17, 2020

4 Questions That May Signal The End Of TCPA Class Actions

Gibson Dunn lawyers discuss the turning tide with regard to limiting the reach of the Telephone Consumer Protection Act (TCPA), as of early 2020.

Client Alert | February 26, 2020

California Consumer Privacy Act Update: Attorney General Proposes Regulations Version 2.0

On February 7, 2020, California Attorney General Xavier Becerra released a revised set of proposed regulations for the California Consumer Privacy Act of 2018 (CCPA), and released an additional amendment on February 10, 2020. Gibson Dunn lawyers review the changes.

Client Alert | February 19, 2020

Ashley Rogers Named to Dallas Business Journal 40 Under 40

The Dallas Business Journal named Dallas of counsel Ashley Rogers to its 2020 40 Under 40 list, which “honors rising stars and people you should know in the North Texas business community.” The list was published on January 22, 2020.

Firm News | January 30, 2020

International Cybersecurity and Data Privacy Outlook and Review – 2020

For the second consecutive year, Gibson Dunn lawyers discuss significant developments in the evolution of the international data protection and cybersecurity landscape during 2019.

Client Alert | January 29, 2020

Law360 Names Gibson Dunn Among Its 2019 Cybersecurity & Privacy Practice Groups of the Year

Law360 named Gibson Dunn one of its five Cybersecurity & Privacy Groups of the Year for 2019. The firm’s Cybersecurity & Privacy practice was profiled on January 27, 2020.

Firm News | January 28, 2020

U.S. Cybersecurity and Data Privacy Outlook and Review – 2020

Gibson Dunn offers this eighth edition of its United States Cybersecurity and Data Privacy Outlook and Review, focusing on developments during 2019 and looking ahead to 2020.

Client Alert | January 27, 2020

Gibson Dunn Named a 2019 Law Firm of the Year

Law360 named Gibson Dunn a Firm of the Year for 2019 in its article, “The Firms That Dominated in 2019,” featuring seven firms that received the most Practice Group of the Year awards.

Firm News | January 13, 2020

2019 Year-End German Law Update

Gibson Dunn lawyers in Frankfurt and Munich provide a recap of developments in German law across numerous areas during 2019.

Client Alert | January 10, 2020

California Consumer Privacy Act: Compliance Heading into the New Year

The California Consumer Privacy Act of 2018 becomes effective on January 1, 2020, but many questions still remain. The California Attorney General’s office just recently closed its comment period on its highly anticipated regulations, with several arguing that the regulations go beyond the scope of the CCPA.

Client Alert | December 12, 2019

Law360 Names Joshua Lipshutz a Cybersecurity MVP

Washington, D.C. partner Joshua Lipshutz was one of three lawyers recognized as Law360’s 2019 Cybersecurity MVPs [PDF]. The series profiles attorneys who “have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.” His profile was published on November 25, 2019.

| November 25, 2019

Law360 Names Nine Gibson Dunn Partners as 2019 MVPs

Law360 named nine Gibson Dunn partners among its 2019 MVPs and noted that Gibson Dunn was one of two law firms with the most MVPs this year. Law360 MVPs feature lawyers who have “distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.” The list was published on November 12, 2019.

Firm News | November 12, 2019

FTC Brings First Case Against Tracking Apps

On October 22, 2019, the Federal Trade Commission announced the first-of-its-kind enforcement action and settlement against the developer and marketer of three tracking applications.

Client Alert | November 1, 2019

GDPR: Fining Guidelines Will Increase Exposure in Germany

In October 2019, the German Conference of Federal and State Data Protection Authorities (the “DSK”) published its long-awaited guidelines for the determination of fines in privacy violation proceedings against companies.

Client Alert | October 30, 2019

California Consumer Privacy Act: 2019 Final Amendments Signed

After California Governor Gavin Newsom signed amendments to the California Consumer Privacy Act into law in October 2019, in response to concerns raised after its original passage, Gibson Dunn lawyers provide an overview of the amendments.

Client Alert | October 16, 2019

California Consumer Privacy Act Update: Regulatory Update

With the California Consumer Privacy Act of 2018 (CCPA) set to take effect on January 1, 2020, California’s Attorney General Xavier Becerra released the much-anticipated draft regulations operationalizing the CCPA on October 10, 2019.

Client Alert | October 11, 2019

The Court of Justice of the European Union rules that there is no obligation for Google to carry out de-referencing on non-EU versions of its search engine

On September 24, 2019, the Court of Justice of the European Union issued two rulings with respect to the online ‘right to be forgotten’.

Client Alert | October 2, 2019

Ninth Circuit Issues Decision in Closely Watched Data Scraping Case

On September 9, 2019, the Ninth Circuit issued its long-anticipated decision in hiQ v. LinkedIn, one of the most closely watched data scraping cases in years.

Client Alert | September 16, 2019

Google and YouTube Reach Historic Settlement with FTC and New York AG Over Alleged COPPA Violations

On September 4, 2019, Google and its subsidiary, YouTube, agreed to pay a record $170 million fine to settle allegations by the Federal Trade Commission (FTC) and New York Attorney General that YouTube harvested children’s personal data in violation of the Children’s Online Privacy Protection Act (COPPA).

Client Alert | September 9, 2019

Former Special Counsel Prosecutor Zainab Ahmad to Join Gibson Dunn as Partner in New York

Gibson, Dunn & Crutcher LLP today announced that leading prosecutor Zainab Ahmad will join the firm as a partner in the New York office. Ahmad will join the firm after serving as a Senior Assistant Special Counsel in Special Counsel Robert S.

Press Releases | July 10, 2019

Can GDPR Hinder AI Made in Europe?

Paris partner Ahmed Baladi is the author of “Can GDPR Hinder AI Made in Europe?” [PDF] published by Cybersecurity Law Report on July 10, 2019.

Article | July 10, 2019

Best Lawyers in France 2020 Recognizes 16 Gibson Dunn Attorneys

Best Lawyers in France 2020 has recognized 16 Gibson Dunn attorneys as leading lawyers in their respective practice areas: Ahmed Baladi – Information Technology Law, Intellectual Property Law, Privacy and Data Security Law and Telecommunications Law; Nicolas Baverez – Administrative Law, Public Law and Regulatory Practice; Maïwenn Béas – Public Law; Amanda Bevan-de Bernède – Banking and Finance Law and Investment; Eric Bouffard – International Arbitration; Bertrand Delaunay – Mergers and Acquisitions Law and Private Equity Law; Jérôme Delaurière – Tax Law; Jean-Pierre Farges – Arbitration and Mediation, Banking and Finance Law, Insolvency and Reorganization Law and Litigation; Pierre-Emmanuel Fender - Insolvency and Reorganization Law; Benoît Fleury – Corporate Law

Firm News | July 1, 2019

The EU Introduces a New Sanctions Framework in Response to Cyber-Attack Threats

On May 17, 2019, the EU established a sanctions framework for targeted restrictive measures to deter and respond to cyber-attacks that constitute an external threat to the EU or its Member States

Client Alert | June 19, 2019

Should Consumer Data Privacy Laws Apply To The Gov’t?

Palo Alto partner Mark Lyon and associates Cassandra Gaedt-Sheckter and Arjun Rangarajan are the authors of "Should Consumer Data Privacy Laws Apply To The Gov't?" [PDF] published by Law360 on June 7, 2019.

Publications | June 7, 2019

California Consumer Privacy Act Update — California State Committees Vote on Amendments

In the last two weeks, California legislative committees voted on several amendments to the California Consumer Privacy Act (CCPA), which is due to go into effect January 1, 2020.  While each proposal requires additional approvals, including full Assembly and Senate votes, the committees’ determinations provide an important development in the ongoing roll-out of the CCPA, what it will ultimately require, and how to address compliance.

Client Alert | April 30, 2019