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  • Electronic Discovery Considerations in 2021

    By Procopio Senior Counsel Elaine F. Harwell and Legal Intern Phyillis Wanjiru Macharia As the world increases its reliance on technology, many of our tools continue to grow and evolve, including Electronic Discovery (“eDiscovery”). eDiscovery refers to identifying, collecting and producing electronically stored information (“ESI”) in response to a request for production in a lawsuit or investigation. While eDiscovery has been around for many years, recent changes have altered the...

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  • Ransomware Attacks Are On The Rise: Are you Prepared?

    By Procopio Partner Robert Marasco, Senior Counsel Elaine Harwell, and Diana Sfrijan Cybercriminals are threatening data-extortion plots against the U.S. healthcare system, the FBI and two other federal agencies warned on October 28th. The plots are ransomware cyberattacks designed to lock up hospital information systems, which could lead to data theft and cause significant disruption of patient services as COVID-19 case numbers continue to surge. At least five American hospitals have...

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  • Just When You Thought You Had a Handle on California Privacy Law: Significant Recent Developments in the California Privacy Law Landscape

    By Procopio Senior Counsel Elaine F. Harwell, CIPP/US, CIPM They say life is fast and can change in an instant. The same thing can be said about privacy law, especially in California. The past few years have seen a number of significant privacy law developments globally and unlike many other things in the world right now, the COVID-19 pandemic has not significantly slowed this trend. Indeed, in the last couple of months, California has seen Attorney General (AG) Xavier Becerra begin enfor...

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  • Data Privacy and Cybersecurity Considerations During the COVID-19 Pandemic

    By Procopio Senior Counsel Elaine F. Harwell, CIPP/US, CIPM As millions of people hunker down amid the COVID-19 pandemic, businesses have necessarily adapted approaches and begun to evaluate the various impacts and risks to operations. While their focus may rightly be on the health and safety of employees, privacy and cybersecurity risks should not be ignored. Below are tips, considerations, and updates for businesses during these unprecedented times: Be Aware of Heightened Cybersecur...

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  • Privacy Regulations Proposed for CCPA by CA Attorney General

    By Procopio Senior Counsel Elaine F. Harwell, CIPP/US With the landmark California Consumer Privacy Act (CCPA) set to take effect January 1, 2020, the California Attorney General’s office finally issued long-awaited regulations on October 10, 2019. The CCPA creates new consumer rights relating to the access to, deletion of, and sharing of personal information collected by businesses. Of interest to any company doing business in California, the proposed regulations impose a number of new...

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  • Keeping Up With the Latest on the California Consumer Privacy Act

    By Procopio Senior Counsel Elaine F. Harwell, CIPP/US The California Consumer Privacy Act (CCPA) is a bit of a moving target. Since its passage and as we have previously addressed here and here, lawmakers anticipate making changes to the law before it takes effect January 1, 2020. Indeed, by one count, the state legislature has seen as many as 18 amendments, ranging from minor grammatical changes to significant modifications to its scope. This sweeping new privacy legislation is riding th...

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  • What Will the California Consumer Privacy Act Actually Bring in 2020?

    By Procopio Senior Counsel Elaine F. Harwell, CIPP/US California’s passage of a landmark data privacy and protection law, the California Consumer Privacy Act (CCPA), has rightly drawn significant attention.  You may be aware that this sweeping new privacy legislation has its fair share of ambiguities, drafting errors, and contradictions, and has already been amended once. The law, which will become effective January 1, 2020, with enforcement delayed until the following July, grants...

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  • Expanded Private Right of Action Proposed for California Consumer Privacy Act

    By Procopio Senior Counsel Elaine F. Harwell When California quickly passed the landmark California Consumer Privacy Act (CCPA) last June, policymakers across the state made clear that they did not anticipate the new law--the most sweeping privacy legislation in the United States--would be implemented unchanged. What was unknown was what those changes might be, and whether they would reduce or increase burdens on businesses operating in the state. Now, almost eight months later, the s...

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