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With increased digitization of business processes and services affecting all industries and enterprises, the need for accessible digital tools continues to grow. Indeed, 26% of adults living in the United States have some type of disability, highlighting the crucial role accessibility tools serve in ensuring an inclusive digital environment.  Furthermore, in certain instances, the implementation of accessibility best practices may be legally required. We discuss these issues in our most recent Tech Law Talks podcast.…

Continue Reading Digital Accessibility: Legal & Practical Issues to Consider

In a recent Q&A with Colorado Attorney General (AG) Phil Weiser, the first term AG discusses how he makes data privacy and cybersecurity accessible and interesting to his Colorado constituents. AG Weiser also explains the role of Colorado’s interdisciplinary Data Privacy and Security Impact Team and how its implementation has benefitted the state. Lastly, AG…

Hollywood movie star Reese Witherspoon and her clothing line, Draper James, LLC, have found themselves the subjects of a public relations debacle, and now, a class action after running a promotion for teachers gone horribly wrong.

In April, Draper James ran an Instagram promotion to recognize and thank teachers for their work during the COVID-19 pandemic. The April 2, 2020 promotion post stated: “Dear Teachers: We want to say thank you. During quarantine we see you working harder than ever to educate our children. To show our gratitude, Draper James would like to give teachers a free dress.”

The Instagram post went on to provide further details of the promotion, including that to “apply”, teachers needed to fill out a form  with their name and work email addresses, a photo of their school IDs, the grade level and subjects they teach, as well as their school name and state. In exchange for providing what the teachers alleged to be “sensitive personal, employment information,” teachers thought they would receive a free dress from the brand. While the Instagram post did caveat in a parenthetical that the offer was “valid while supplies last – winners will be notified on Tuesday April 7th” the post did not disclose that only 250 teachers would receive a free dress. The lawsuit claims that the “vague illusory comment” was insufficient to place a reasonable consumer on notice that that this was a sweepstakes or that the brand would “only be making an unreasonably limited number of products available under this offer.”…
Continue Reading Legally blown: Reese Witherspoon and her fashion line face breach of contract and privacy class action over ‘free dress’ giveaway

As businesses and individuals across the globe struggle to adapt to a new normal of remote work and social distancing due to the COVID-19 (a/k/a novel coronavirus) pandemic, they should also be aware of a number of U.S. data privacy and data security implications arising from these changes. In addition, businesses must be cognizant of…

According to experts, most New Year’s resolutions fail because sweeping change is difficult. Rather, the best results come from taking small steps. Here are five small steps to take to make sure your directors’ and officers’ (D&O) coverage can tackle potential cyber risks.

  1. Review your coverage program from last year. Endorsements, policy provisions, and pricing

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On April 18, 2019, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) requesting comments on proposed Critical Infrastructure Protection (CIP) Reliability Standard CIP-012-1. As written, CIP-012-1 will require responsible entities to implement controls to protect communication links and data transmissions in an effort to mitigate cybersecurity risks to communications between…

Check out this month’s edition of The Privacy Advisor, a publication of the International Association of Privacy Professionals (IAPP), for Aaron Lancaster and Divonne Smoyer’s and Q&A with Vermont Attorney General T.J. Donovan. As attorney general, he has taken an active role in advocating for consumers’ rights with respect to privacy and…

The update to the existing Massachusetts data breach notification statute (set to go into effect on April 11, 2019) introduces novel requirements for notices to both affected individuals and regulators and requires credit monitoring services to be offered in some instances for at least 18 months. The legislation updates the statute in a number of particulars, but we focus here on the most notable new requirements.

Notable updates

Notices to affected individuals. The updated statute may require an organization to provide affected individuals with multiple (that is, repeat) notifications if after the initial notice the organization discovers information that updates or corrects the information required to be in such notifications. Other breach notification laws, like the EU’s General Data Protection Regulation and Canada’s breach notification law, may impose an ongoing obligation on organizations to notify regulators with updated information about breaches, but the Massachusetts statute may apply that same obligation to individual notices. The statute also sets forth additional content categories that the notices must contain.…

Continue Reading Notable challenges from the updated Massachusetts data breach notification law

Arizona and its Attorney General’s office have emerged as key players in the effort to prioritize data security on the national stage. Since his inauguration in 2015, Arizona Attorney General Mark Brnovich has struck a balance between supporting innovation and protecting Arizonans’ privacy rights. With the support of Governor Doug Ducey, Arizona is taking active steps to broaden the scope of state privacy protection initiatives.

As the current Chair of the Conference of Western Attorneys General (CWAG), AG Brnovich will host CWAG’s 2018 Chair Initiative in Scottsdale, Arizona on May 3 and 4, focusing specifically on data privacy, cybersecurity, and digital piracy. The meeting will bring together AGs from around the country as well as thought leaders and key stakeholders in the private sector to tackle new horizons on issues such as breach notification, the European Union’s data protection regulations, national security, and FinTech. To read more about AG Brnovich’s 2018 Chair Initiative, and his take on how attorneys generals are tackling privacy and data security issues, check out Reed Smith Partner Divonne Smoyer and Associate Kimberly Chow’s recent Q&A with AG Brnovich on the website of the International Association of Privacy Professionals.…

Continue Reading Arizona emerges as privacy innovator as its AG and Governor lead the charge