Nov. 13, 2024

Unpacking the Second Circuit’s Bombshell VPPA Ruling

The U.S. Court of Appeals for the Second Circuit (Court) recently issued a momentous ruling in a class action under the Video Privacy Protection Act (VPPA) that has the potential to expand the scope of VPPA litigation within the circuit, and perhaps beyond. In this guest article, Blank Rome partners Phil Yannella and Harrison Brown, and associate Victor Sandoval, analyze the Court’s ruling, which takes an expansive view of the VPPA’s definitions of “consumer” and “video-tape service provider,” and offer practical insights on how companies can defend VPPA cases moving forward. See our two-part series on website-tracking lawsuits: “A Guide to New Video Privacy Decisions Starring PBS and People.com” (Mar. 29, 2023), and “Takeaways From New Dismissals of Wiretap Claims” (Apr. 5, 2023).

GDPR Enforcement’s New Phase: Navigating Privacy Investigations in Europe

Enforcement of the GDPR shows signs of growing more predictable after six years and roughly 2,375 fines. However, there are still hurdles to harmonized practices among data protection authorities (DPAs). 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 second installment discusses DPAs’ characteristic practices affecting companies and identifies four nagging points of divergence between them. Part one examined key themes in the European Commission’s second report about GDPR implementation and its proposed rules to align enforcement, entering final negotiations this month. See “Navigating Government Investigations of Privacy Practices” (Sep. 4, 2024).

To Work Effectively, CCOs Need Authority, Autonomy and Information

Compliance professionals’ seniority within a company, contact with top decision makers and access to necessary information are critical to success in their roles. So is the ability to influence company culture more broadly within an organization. This article covers how empowering gatekeepers such as CCOs can enhance compliance, distilling insights shared by attorneys from McDermott Will & Emery, Miller & Chevalier, Weil, Gotshal & Manges and Booking Holdings during a recent Practising Law Institute program. See “In‑House Perspectives on Compliance’s Role in Managing New and Emerging Risks” (Jun. 5, 2024).