California became the first U.S. state with a comprehensive consumer privacy law when the California Consumer Privacy Act (“CCPA”) became operative on January 1, 2020. The CCPA provides for broad privacy rights for residents of California and imposes data protection obligations on companies doing business in California that meet certain criteria. For further background on
Potential Constitutional Challenges to the CCPA
When it takes effect next month, the CCPA is almost certain to become an immediate spark for litigation. While requests for access/deletion and individual or threatened claims start to fill in-house legal departments’ inboxes and the practical realities of compliance seize resources, a more fundamental question will need to be answered: Is the CCPA constitutional?
Be Careful What You Say About the CCPA
As privacy and personal data issues continue to be a focus of both legal action and media coverage, privacy policy statements are getting dusted off and reviewed by more eyes. Imprecise or inaccurate policy statements, themselves, can expose a company to potential liability. While most of the recent California Consumer Privacy Act (“CCPA”) attention has
False Advertising Class Action Says Maker’s Mark Whisky is Not “Handmade”
Two purchasers of Maker’s Mark whisky have sued the company, accusing it of falsely advertising the whisky as “handmade”. The lawsuit, filed as a putative statewide class action in California, alleges that Maker’s Mark “promotes its whisky as being ‘Handmade’ when in fact Defendant’s whisky is manufactured using mechanized and/or automated processes, which involves