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Severson & Werson Attorneys Publish a Litigator’s Look at What Constitutes a “Reasonable Security Procedure” Under the California Consumer Privacy Act

by Elizabeth C. Farrell |

The CCPA went live on January 1, 2020, creating a cause of action and potential liability of between $100 to $750 per person for a data breach deriving from a business' failure to maintain reasonable policies and procedures.  Unfortunately, the CCPA does not define the term "reasonable".  While compliance lawyers and consultants properly have been advising their clients to shore… Read More

FTC Summarizes Guidance on Reasonable Security Measures Following Multiple Settlements over the Last 2-years

by Scott J. Hyman |

The FTC issued a press release summarizing, and providing links to, the various data breach settlements that it has reached with businesses in the last two years.  The FTC summarized its efforts to improve its data security orders and, in doing so, suggested the types of measures the FTC looks for in determining whether a business has implemented reasonable data… Read More

California Attorney General Holds Public Comment Sessions on California Consumer Privacy Act Regulations

by Evelina Manukyan |

Beginning on Monday, December 2, 2019, the California Attorney General began holding a series of four public comment hearings to receive comments on the draft regulations issued by the Attorney General in October 2019 regarding the California Consumer Privacy Act of 2018 (“CCPA”). Severson & Werson attorneys Joseph W. Guzzetta and Evelina Manukyan attended the San Francisco public comment hearing… Read More

District Court (Cal.) Certifies Injunctive Data Breach Class Against Facebook, but Denies Certification of Damages Class

by Scott J. Hyman |

In Adkins v. Facebook, Inc., No. C 18-05982-WHA, 2019 U.S. Dist. LEXIS 206271 (N.D. Cal. Nov. 26, 2019), Judge Alsup granted in part and denied in part a data breach class. This is a putative class action by plaintiff Stephen Adkins against defendant Facebook, Inc. Plaintiff asserts a claim for negligence based on Facebook's alleged faulty security practices in collecting… Read More

District Court (NY) Says It’s Powerless to Approve Class Settlement Arising Out of Data Breach Due to Lack of Art. III Cognizable Injury

by Scott J. Hyman |

In Steven v. Carlos Lopez & Assocs., No. 18-CV-6500 (JMF), 2019 U.S. Dist. LEXIS 203621 (S.D.N.Y. Nov. 22, 2019), Judge Furman declined to  approve settlement of a data breach class due to the absence of Art. III standing. In June 2018, an employee of Defendant Carlos Lopez & Associates, LLC ("CLA"), a provider of mental and behavioral health services to… Read More

The California Attorney General Issues Notice of Proposed Rulemaking on CCPA Regulations

by Genevieve R. Walser-Jolly |

The CCPA enacted in 2018, creates new consumer rights relating to the access to, deletion of, and sharing of personal information that is collected by businesses. It also requires the California Attorney General to solicit broad public participation and adopt regulations to further the CCPA’s purposes. Today, the AG issued proposed regulations designed to establish procedures to facilitate consumers’ new… Read More

Here We Go Again – New California Ballot Initiative From the Authors of the CCPA Would Drastically Expand Privacy Protection and Enforcement

by Joseph W. Guzzetta |

On Wednesday, Californians for Consumer Privacy, the official proponent of the ballot initiative that became the California Consumer Privacy Act (“CCPA”), announced that it had filed a new voter-sponsored initiative with the California Secretary of State that will appear on the November 2020 ballot (if the requisite number of signatures can be gathered and certified).  The initiative, named the “California… Read More

Severson & Werson Publishes the Two Definitive Practice Guides on the CCPA and on Consumer Privacy in California

by Scott J. Hyman |

The Firm’s depth and expertise in consumer privacy has been recognized through the publication of two of the definitive practice guides on privacy in California and on the California Consumer Privacy Act. Joe Guzzetta in the Firm’s San Francisco Office was retained by The Rutter Group to publish its California Practice Guide on Privacy Law, which is an in depth… Read More

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