Covington & Burling LLP (LexBlog United States)

4937 results for Covington & Burling LLP (LexBlog United States)

  • European Parliament Adopts DSA

    On July 5, 2022, the European Parliament adopted the Digital Services Act (“DSA”) with 539 votes in favor, 54 votes against and 30 abstentions, following the political deal reached on April 23, 2022 (see our previous blog here). Key aspects The DSA is addressed to providers of intermediary services (e.g., Internet service providers, cloud providers,...

  • Emerging Trends: Renewed Wave of Video Privacy Class Actions

    Recent months have seen a growing trend of data privacy class actions asserting claims for alleged violations of federal and state video privacy laws.  In this year alone, plaintiffs have filed dozens of new class actions in courts across the country asserting claims under the federal Video Privacy Protection Act (“VPPA”), Michigan’s Preservation of Personal...

  • The new Italian Sunshine Act: what companies should know and how to get ready

    On 31 May 2022, the Italian Parliament approved Law 62/2022, also known as the Sunshine Act.  The Sunshine Act entered into force on 26 June 2022.  However, it will become fully enforceable once the Ministry of Health sets up the Public Register where companies will have to disclose their data and issues the necessary implementing...

  • European Data Protection Board Publishes Guidelines on Certification as a Tool for International Personal Data Transfers

    On June 30, 2022, the European Data Protection Board published draft guidelines on certification as a tool for transfers.  These guidelines complement the EDPB’s earlier guidelines on certification and identifying certification criteria. These guidelines and the guidelines on codes of conduct as tools for transfers appear to be part of the EDPB’s broader response to...

  • Third Circuit Refuses to Accept Inferences to Support Findings of Numerosity and Commonality

    The Third Circuit’s recent decision in Allen v. Ollie’s Bargain Outlet, Inc., — F.4th —-, 2022 WL 2284654 (3d Cir. 2022), gave close scrutiny to two elements of the class certification inquiry – numerosity and commonality – that are often deemed satisfied with little analysis, and rejected the district court’s reliance on inferences drawn from...

  • Italian Garante bans use of Google Analytics

    On June 23, 2022 the Italian data protection authority (“Garante”) released a general statement (here) flagging the unlawfulness of data transfers to the U.S. resulting from the use of Google Analytics.  The Garante invites all Italian website operators, both public and private, to verify that the use of cookies and other tracking tools on their...

  • Court of Justice of the EU Decides that the Passenger Name Record Directive is Compatible with EU Law

    On June 21, 2022, the Court of Justice of the EU (“CJEU”) decided that that the Passenger Name Record (“PNR”) Directive’s provisions providing for  the processing of PNR data by competent Member State authorities are compatible with the EU Charter of Fundamental Rights (“Charter”).  However, the CJEU also decided that the PNR Directive limits the...

  • Italian Garante bans use of Google Analytics

    On June 23, 2022 the Italian data protection authority (“Garante”) released a general statement (here) flagging the unlawfulness of data transfers to the U.S. resulting from the use of Google Analytics.  The Garante invites all Italian website operators, both public and private, to verify that the use of cookies and other tracking tools on their...

  • Congressman McHenry Releases Discussion Draft of Financial Data Privacy Bill

    On June 23, Congressman Patrick McHenry released a discussion draft of new legislation to modernize federal financial data privacy law. The draft legislation would amend and build on the Gramm-Leach-Bliley Act (“GLBA”). The draft includes notable provisions on consumer rights, data minimization, and disclosures. It also updates the definition of “financial institution” to include data...

  • One Week Remains for Covered Contractors and Subcontractors to Complete Certification in the OFCCP’s Contractor Portal

    All existing supply or service contractors (at the prime and subcontract level) that meet the OFCCP’s jurisdictional thresholds must register and certify compliance with the AAP requirements.  New contractors have 120 days to develop their AAP(s), and must register and certify compliance through the Contractor Portal within 90 days of developing their AAP(s).  At present,...

  • EU Consumer Protection and Data Privacy Authorities Adopt 5 Key Principles for Fair Advertising to Children

    On June 14, 2022, representatives of the EU’s Consumer Protection Cooperation (CPC) Network, together with several national data protection authorities in the EU and the secretariat of the European Data Protection Board (“EDPB”), endorsed five key principles for fair advertising to children (see press release here).  These recommendations are based on relevant requirements in EU...

  • FTC Announces Plans to Begin Privacy Rulemaking In June

    Today, the Federal Trade Commission (FTC) announced that it anticipates proposing a privacy rulemaking this month, with comments closing in August.  This announcement follows the agency’s statement in December that it planned to begin a rulemaking to “curb lax security practices, limit privacy abuses, and ensure that algorithmic decision-making does not result in unlawful discrimination.”  The...

  • Fudge Without Milkfat Isn’t “Fudged”

    Kellogg’s defeated yet another putative class action filed by prolific litigant Spencer Sheehan alleging that one of its Pop-Tarts products misleads consumers.  See Reinitz v. Kellogg Sales Co., 2022 WL 1813891 (C.D. Ill. June 2, 2022).  Asserting state law consumer fraud theories, plaintiff argued that Kellogg’s Frosted Chocolate Fudge Pop-Tarts mislead consumers because they do...

  • FTC Announces Plans to Begin Privacy Rulemaking In June

    Today, the Federal Trade Commission (FTC) announced that it anticipates proposing a privacy rulemaking this month, with comments closing in August.  This announcement follows the agency’s statement in December that it planned to begin a rulemaking to “curb lax security practices, limit privacy abuses, and ensure that algorithmic decision-making does not result in unlawful discrimination.” ...

  • Sixth Circuit Adds Teeth to Rule 23’s Ascertainability Requirement

    The Sixth Circuit recently made it more difficult for plaintiffs to certify a class where individualized inquiries are needed to identify class members.  In Tarrify Properties LLC v. Cuyahoga County Ohio, 2022 WL 2128816 (6th Cir. June 14, 2022), the Sixth Circuit addressed a claim that Ohio’s tax-foreclosure statute operates as a taking under the...

  • To Defeat Dismissal, Plaintiffs Win By Losing Standing

    In a typical situation, defendants argue that plaintiffs lack standing and plaintiffs insist otherwise.  But, sometimes, the lack of standing can work in plaintiffs’ favor.  In Benton v. CVS Pharmacy, Inc., 2022 WL 1750462 (N.D. Cal. May 31, 2022), plaintiffs took the unusual step of arguing that they lacked Article III standing to bring their...

  • DOJ Settlement Underscores the Significance of Incorrect Small Business Representations

    The Department of Justice (“DOJ”) recently announced a $5.2 million settlement with Numet Machining Techniques, LLC and affiliated entities (collectively, “Numet”) concerning alleged misrepresentations of size and ownership in connection with pursuing U.S. Government contracts.  The Numet settlement is an important reminder to the contractor community that representations and certifications—partic

  • Right to Repair: New York State Passes Right to Repair Law

    On June 3, the New York State legislature passed their version of a right to repair bill—titled the “Digital Fair Repair Act”—that would allow consumers to repair their digital electronic equipment without involving the manufacturer. What is Assembly Bill A7006B? Historically, some original equipment manufacturers have attempted to prohibit third parties and consumers from performing...

  • Supreme Court Hands California Employers a Significant (if Qualified) Win

    On June 15, the Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana, No. 20-1573, holding that the Federal Arbitration Act (“FAA”) requires California courts to honor agreements to arbitrate individual claims under the California Labor Private Attorneys General Act of 2004, Cal. Lab. Code § 2698 et seq. (“PAGA”).  Although Viking River...

  • EPA Issues Three Requests for Information Seeking Input on Recycling Topics and Programs

    The Environmental Protection Agency has issued three requests for information regarding recycling issues, a first step towards distributing funds and carrying out mandates contained in the last year’s Infrastructure Investment and Jobs Act, commonly known as the Bipartisan Infrastructure Law. The programs for which EPA is requesting information are primarily directed toward improving recycling of.

  • Update: Ninth Circuit Might Backtrack on When an Arbitrability-Related Question May be Delegated to an Arbitrator

    Last September, we reported on a 2-1 Ninth Circuit decision holding that even if an arbitration clause appears to be unenforceable under the prospective waiver doctrine, a delegation provision requiring the arbitrator to decide that issue in the first instance is still enforceable.  Brice v. Haynes Invs., LLC, 13 F.4th 823 (9th Cir. 2021).  This...

  • Litigation Between FinTech Companies Follows Class Action Over Cryptocurrency Theft

    This past week, co-defendants in a class action related to the theft of cryptocurrency engaged in their own lawsuit over alleged security failures.  IRA Financial Trust, a retirement account provider offering crypto-assets, sued class action co-defendant Gemini Trust Company, LLC, a crypto-asset exchange owned by the Winklevoss twins, following a breach of IRA customer accounts. ...

  • The European Union adopted new rules for the Trans-European Networks for Energy

    On 30 May 2022, the European Union (“EU”) adopted the revised Regulation on guidelines for trans-European energy infrastructure (No. 2022/869) (the “TEN-E Regulation 2022”), which replaces the previous rules laid down in Regulation No. 347/2013 (the “TEN-E Regulation 2013”) that aimed to improve security of supply, market integration, competition and sustainability in the energy sector. The TEN-E

  • The European Union adopted new rules for the Trans-European Networks for Energy

    On 30 May 2022, the European Union (“EU”) adopted the revised Regulation on guidelines for trans-European energy infrastructure (No. 2022/869) (the “TEN-E Regulation 2022”), which replaces the previous rules laid down in Regulation No. 347/2013 (the “TEN-E Regulation 2013”) that aimed to improve security of supply, market integration, competition and sustainability in the energy sector....

  • Litigation Between FinTech Companies Follows Class Action Over Cryptocurrency Theft

    This past week, co-defendants in a class action related to the theft of cryptocurrency engaged in their own lawsuit over alleged security failures.  IRA Financial Trust, a retirement account provider offering crypto-assets, sued class action co-defendant Gemini Trust Company, LLC, a crypto-asset exchange owned by the Winklevoss twins, following a breach of IRA customer accounts. ...

  • Litigation Between FinTech Companies Follows Class Action Over Cryptocurrency Theft

    This past week, co-defendants in a class action related to the theft of cryptocurrency engaged in their own lawsuit over alleged security failures.  IRA Financial Trust, a retirement account provider offering crypto-assets, sued class action co-defendant Gemini Trust Company, LLC, a crypto-asset exchange owned by the Winklevoss twins, following a breach of IRA customer accounts. ...

  • The European Union Adopted New Rules for the Trans-European Networks for Energy

    On 30 May 2022, the European Union (“EU”) adopted the revised Regulation on guidelines for trans-European energy infrastructure (No. 2022/869) (the “TEN-E Regulation 2022”), which replaces the previous rules laid down in Regulation No. 347/2013 (the “TEN-E Regulation 2013”) that aimed to improve security of supply, market integration, competition and sustainability in the energy sector....

  • FEC Commissioners Issue New Guidanceon Donor Disclosure for Groups Paying forPolitical Advertisements

    Trade associations, 501(c)(4) social welfare organizations, other outside groups that pay forpolitical advertisements, and their donors now have more answers to long-running questionsregarding when donations to these groups are publicly reportable. After postponingconsideration of the issue during its previous meeting, the Federal Election Commission (“FEC”)approved Wednesday an interim final...

  • FEC Commissioners Issue New Guidance on Donor Disclosure for Groups Paying for Political Advertisements

    Trade associations, 501(c)(4) social welfare organizations, other outside groups that pay for political advertisements, and their donors now have more answers to long-running questions regarding when donations to these groups are publicly reportable.  After postponing consideration of the issue during its previous meeting, the Federal Election Commission (“FEC”) approved Wednesday an interim...

  • FEC Commissioners Issue New Guidance on Donor Disclosure for Groups Paying for Political Advertisements

    Trade associations, 501(c)(4) social welfare organizations, other outside groups that pay for political advertisements, and their donors now have more answers to long-running questions regarding when donations to these groups are publicly reportable.  After postponing consideration of the issue during its previous meeting, the Federal Election Commission (“FEC”) approved Wednesday an interim...

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