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    Nov. 6, 2024

Seventh Circuit Refuses to Compel BIPA Mass Arbitration Against Samsung: Takeaways and Lessons

Mass arbitration has gained steam as a strategy for plaintiffs who face arbitration clauses that prohibit class actions. The recent decision by the U.S. Court of Appeals for the Seventh Circuit (Court) in Wallrich v. Samsung highlights issues that arise in mass arbitration cases in connection with the payment of fees, threshold for establishing the existence of an arbitration agreement and role of delegation clauses. In this second installment of a two-part article series examining the case, Baker Donelson biometrics team lead David Oberly addresses the key takeaways and practical implications of the decision, provides strategies for strengthening arbitration agreements and discusses the future trajectory of mass arbitration tactics in Illinois Biometric Information Privacy Act class action litigation. Part one distilled the Court’s analysis and discussed relevant procedural background. See our two-part series on private actions under the CPRA: “Key Issues and Defense Strategies” (Oct. 18, 2023), and “Settlement Considerations and Mitigating Risk” (Oct. 25, 2023).

GDPR Enforcement’s New Phase: More Predictability, and New Rules on the Way

Multiple signs suggest that enforcement of the GDPR, now in its sixth year, has entered a new and steadier phase across Europe. Nations’ data protection authorities (DPAs) have long fought over cases involving Big Tech companies, but two weeks ago the Irish regulator announced that no other European regulators objected to its €310‑million fine against LinkedIn Ireland. With insights from attorneys at A&O Shearman, Bird & Bird, Covington, IAPP, McDermott Will & Emery, and Steptoe, this two-part article series captures the latest practicalities that companies should understand about GDPR investigations and enforcement. This first installment examines the latest moves toward harmonization, key findings of the European Commission’s second-ever report about GDPR implementation and pending procedural rules for GDPR enforcement, which E.U. bodies start negotiating this month. Part two will delve into DPAs’ characteristic practices and nagging points of divergence between them. See “Compliance Takeaways From the Latest GDPR Enforcement Statistics” (Feb. 2, 2022).

DOJ’s 2024 Edits to the ECCP: Some History and AI Expectations

The DOJ has updated its Evaluation of Corporate Compliance Programs document (ECCP) – a year after it hired former AB InBev CCO Matt Galvin to take the lead on evaluating compliance programs. Galvin, an evangelist for the use of data analytics and AI to improve compliance programs, clearly influenced the edits, which heavily focus on the use of new technologies and data. This article examines the history of ECCP edits and the new changes related to AI. A future article will explore other ECCP revisions, such as an increased focus on protecting whistleblowers from retaliation, how compliance is viewed within an organization, how companies should be incorporating lessons learned into their programs and the DOJ’s continued focus on data analytics. See “What CCOs Should Know About the DOJ’s Efforts to Curtail Criminal Use of AI” (Oct. 9, 2024).

Norton Rose Fulbright Strengthens Cybersecurity and Privacy Group

Norton Rose Fulbright has welcomed cybersecurity lawyer Jim Arnold and privacy lawyer Phil Hodgkins to its global cybersecurity and privacy group as senior counsel. Arnold, who joins the St. Louis office, arrives from S‑RM. Hodgkins arrives from Kroll and will be based in New York. For insights from Norton Rose Fulbright, see “Cloud Attacks and Six Other Cybersecurity Dangers for 2023 and 2024” (Apr. 26, 2023); and “The Increasing Threat of Supply Chain Cyberattacks: How to Avoid Being a Statistic” (Sep. 28, 2022).

Data Privacy and Technology Attorney Joins Day Pitney

Lauran Land Himelstein has joined Day Pitney as counsel in both the technology, telecommunications and outsourcing and the data privacy, protection and litigation practice groups, based in the New York and Stamford offices. She most recently served as product counsel at Instacart. For insights from Day Pitney, see our two-part series “Designing and Implementing a Three-Step Cybersecurity Framework for Assessing and Vetting Third Parties”: Part One (Apr. 8, 2015), and Part Two (Apr. 22, 2015).

Most-Read Articles

Cybersecurity Awareness Month

Read the full brief here.

Spotlight on Trailblazing Women

To mark International Women’s Day 2024, women editors and reporters of ION Analytics interviewed outstanding women in the industries and jurisdictions we cover. In this part, Jill Abitbol, Managing Editor of the Cybersecurity Law Report and Anti-Corruption Report, features notable women in data privacy, cybersecurity, white collar defense, compliance and anti-corruption law, including Christina Montgomery, Leslie Shanklin, Palmina Fava, Alexandra Ross and Lucinda Low. Enjoy reading their inspiring remarks here.

We Celebrate Data Privacy Day 2024

Read the full brief here.

Spotlight on Trailblazing Women

In honor of International Women’s Day, some of ION Analytics' editorial teams led by women interviewed notable women in the markets and industries we cover. In this part, the Cybersecurity Law Report highlighted notable women in compliance and hedge fund, data privacy and cybersecurity, and anti-corruption law, including Amii Barnard-Bahn, Abigail Bell, Genna Garver, Jane Horvath, Barbara Li, Amy Mushahwar, Mara Senn and Carol Widger. The interviews are here.

 

 

 

Webinar on Compliant International Data Transfers

Listen here to our discussion with our colleagues at Ethos Privacy, which took place on March 1, 2022, on how to approach international data transfer challenges. 

Webinar on Getting a Handle on Vendor Contracts

A recording of the March 10 webinar can be accessed here. 

Cybersecurity Resolutions for 2021

In this quick take video, we talk about some of our cybersecurity resolutions for 2021.

Facial Recognition Concerns

In this short video, we discuss the privacy and bias concerns with facial recognition technology.

Planning for the Return to Work 

We discuss a few return-to-work privacy issues in this short video.

ACR and CSLR Spring Update 2020

The Senior Editors of the Anti-Corruption Report and the Cybersecurity Law Report recently teamed up to present an update on the trends and hot topics in the anti-corruption, cybersecurity and data privacy spaces since the beginning of the year and what the publications will be focusing on in the coming months. A complimentary download of the webinar is available here.

Upcoming Webinar: Companywide Work From Home - Cybersecurity and Privacy Best Practices

Please join us on Monday, March 23, 2020, from 12:00 p.m.- 12:30 p.m. EDT for a complimentary webinar discussing the cybersecurity and privacy challenges the shift to remote working has created and how to overcome them. Registration information for the webinar is here. 

Upcoming Webinar to Explore Best Practices for Alternative Data Use

Please join us on Wednesday, January 15, 2020, at 11:00 a.m. EST for a complimentary webinar hosted by our sister publication, the Hedge Fund Law Report, discussing issues relating to the use of alternative data by private fund managers. To register for the webinar, click here.

Upcoming HFLR/CSLR Webinar to Explore Strategies and Tactics for Conducting an Effective Tabletop Exercise

Please join the Hedge Fund Law Report and the Cybersecurity Law Report on Tuesday, July 30, 2019, at 1:00 p.m. ET for a complimentary webinar discussing the strategies and tactics companies can employ to conduct an effective tabletop exercise. GCs and CCOs are encouraged to invite their CISOs and CTOs to join as well. The webinar will be moderated by Shaw Horton, Associate Editor of the Hedge Fund Law Report, and will feature Luke Dembosky, partner at Debevoise, John “Four” Flynn, chief information security officer at Uber, and Jill Abitbol, Senior Editor of the Cybersecurity Law Report. Registration for the webinar is available here.

Anti-Corruption Webinar: How HPE Is Using Its New T&E Tool to Generate Compliance Metrics

Measuring the effectiveness of a compliance program can be tricky, but some companies are finding ways to use their existing internal controls to generate useful data. Join our sister publication the Anti-Corruption Report (ACR) for a complimentary webinar that explores Hewlett Packard Enterprises’ new travel-and-entertainment-approval tool. On Wednesday, March 27, 2019, from 1:00 p.m. to 2:00 p.m. EDT, the ACR’s Megan Zwiebel will interview Becky Rohr, vice-president of anti-corruption and global trade at Hewlett Packard Enterprises, about how they are using their T&E tool to measure and improve compliance. Registration information is here.