Chris Tarbell

𝗖𝗮𝗹𝗶𝗳𝗼𝗿𝗻𝗶𝗮 𝘀𝘁𝗮𝘁𝗲 𝗰𝗼𝘂𝗿𝘁 𝘀𝗲𝘁𝘀 𝗵𝗲𝗮𝗿𝗶𝗻𝗴 𝗼𝗻 𝗖𝗣𝗣𝗔 𝗿𝗲𝗴𝘂𝗹𝗮𝘁𝗶𝗼𝗻𝘀 𝗽𝗿𝗼𝗰𝗲𝘀𝘀   The Superior Court of California, County of Sacramento, scheduled a 21 June hearing for arguments regarding the California Privacy Protection Agency's rulemaking authority. The California Chamber of Commerce is challenging whether the agency has authority to promulgate future regulations without allowing a grace period to establish compliance measures.   Read more on https://lnkd.in/dVTnH5Qm   #Privacy #PrivacyCompliance #DataProtection #USA #PrivacyRights #CCPA #CPRA #APRA #California

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The court in Firestone v. Yellen has denied the plaintiffs' motion for a preliminary injunction, finding that the CTA falls within reasonable reporting requirements and serves government interests without disturbing Fourth Amendment rights. Privacy concerns are adequately addressed by statutory safeguards. Read more on the 10 reasons why the motion was denied: https://ow.ly/WZE950TEoaT #corporatetransparencyact #compliance #LegalUpdate #boi

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The court in Firestone v. Yellen has denied the plaintiffs' motion for a preliminary injunction, finding that the CTA falls within reasonable reporting requirements and serves government interests without disturbing Fourth Amendment rights. Privacy concerns are adequately addressed by statutory safeguards. Read more on the 10 reasons why the motion was denied: https://ow.ly/WZE950TEoaT #corporatetransparencyact #compliance #LegalUpdate #boi

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In this article, authors Christine Chong and Christine Lyon (Freshfields Bruckhaus Deringer) focus on the prospect of rigorous action from the Federal Trade Commission, state Attorneys General, and the new California Privacy Protection Agency, which are poised for strengthened action on biometric privacy... #techREG #technology #privacy #dataprotection #biometrics #biometry #privacyrights

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𝗪𝗵𝘆 𝗛𝗲𝗮𝗱𝗶𝗻𝗴𝘀 𝗠𝗮𝘁𝘁𝗲𝗿 𝗶𝗻 𝗔𝗽𝗽𝗲𝗹𝗹𝗮𝘁𝗲 𝗕𝗿𝗶𝗲𝗳𝘀 Under California appellate rules, briefs must state each point under a separate heading or subheading.  Appellants and respondents alike should heed this requirement, as both persuasion and preservation may depend on it.  Some practice tips to consider: ✅ Many appellate courts will deem an argument forfeited if buried under an unrelated heading, or made only in a footnote. ✅ Headings should be substantive, but not so lengthy that they cease to serve as "headlines" and start to resemble text. ✅ Organizing headings for each distinct contention brings discipline to the drafting process, making the brief more coherent and digestible.  Generating a new Table of Contents for each draft is an excellent editing tool, helping you see whether points flow logically and persuasively. ✅ If the Table of Contents has "gaps" that would confuse a stranger, revise.  Justices often read the TOC to gain a substantive overview of the brief before diving in.   ► 𝗧𝗵𝗲 𝗽𝗿𝗮𝗰𝘁𝗶𝗰𝗮𝗹 𝗺𝗲𝘀𝘀𝗮𝗴𝗲:  Ensure that your brief headings are crisp and clear, and that they smoothly outline all your core contentions on appeal. #appeals Laurie Hepler

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New Ruling on Punitive Damages and Attorney Fees in California Invasion of Privacy Act (CIPA) Case As Thompson Hine has previously reported, the recent surge of privacy claims under the California Invasion of Privacy Act (CIPA) related to using website cookies, pixels, and web beacons continues to impact a several sectors. It has been especially harmful to small businesses. On July 15, Judge Rolf Treu ruled on a preliminary motion in a CIPA lawsuit and concluded that the plaintiff could potentially recover punitive damages and attorney fees. Although this case does not address the merits of whether website tracking technologies are considered pen registers or trap and trace devices under CIPA, plaintiffs may rely on it to demand larger awards and settlements in their CIPA actions. Businesses that deploy these types of online tracking technologies should immediately reassess the legal terms governing the use of their websites and whether they contain favorable dispute resolution provisions, such as remedies available for claims arising from a consumer’s use of the website. View full update here ➡ https://bit.ly/3WjOO3x Steven Stransky I Jennifer Adler #DataPrivacy #PrivacyLaw #ThompsonHine #California

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Privacy law mediator Timothy Alger weighs in on California's new Privacy Law Certification - a credential designed to verify attorneys' privacy law expertise. Read his blog to learn more: https://lnkd.in/gwM6TkpP What do you think about this new certification?? We want to hear from you! algeradr.com State Bar of California #Mediation #PrivacyLaw #CaliforniaLaw #LegalCertification #DataPrivacy #CyberLaw #PrivacySpecialist #LegalEducation #CaliforniaBar #TechLaw #DataSecurity #AIPrivacy #LegalCompliance #PrivacyRegulation #LegalSpecialization #ContinuingEducation #CalBar #PrivacyDisputes #LegalInnovation #CaliforniaLawyers #CyberSecurity #DataProtection #LegalExpertise #PrivacyCompliance #LawPractice #TechnologyLaw

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Thompson Hine’s Steven Stransky, partner and co-chair of the privacy and cybersecurity practice group, and Kim Sandell, senior counsel recently met with California State Senator Catherine Blakespear to address the surge in data privacy lawsuits affecting small businesses. They discussed the unintended consequences of the California Invasion of Privacy Act (CIPA) on website tracking technologies. Key Points: 🔹 Impact on Small Businesses: CIPA-related lawsuits are financially straining small businesses. 🔹 Legislative Intent: CIPA was meant for telephone surveillance, not internet privacy, which is covered by the California Consumer Privacy Act (CCPA). 🔹 Call for Action: Legislative updates are needed to align CIPA with current privacy laws and protect small businesses. Read full press release here: https://lnkd.in/geDCA2zQ #DataPrivacy #CIPA #SmallBusiness #LegalReform #ThompsonHine

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Covington & Burling LLP is among the counsel for groups petitioning the California Supreme Court to address the state's court reporter shortage by mandating the use of electronic recording when court reporters are unavailable. https://lnkd.in/e6sMfmgX

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Covington & Burling LLP is among the counsel for groups petitioning the California Supreme Court to address the state's court reporter shortage by mandating the use of electronic recording when court reporters are unavailable. https://lnkd.in/e6sMfmgX

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Businesses operating in or targeting Montana residents must navigate new compliance requirements now that the Montana Consumer Data Privacy Act is in effect. Attorneys John Rolecki and Amy Baddley outline key provisions and offer practical guidance to ensure compliance. Read the full advisory here: https://lnkd.in/gaPUH-uV

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Orissa High Court Invalidates Screening Committee Decision: “No Recovery of Excess Payment Without Reasoned Justification,” Emphasizes Compliance with Natural Justice and Protection of Group-C Employees from Arbitrary Recoveries Court’s Decision: The Orissa High Court quashed the Screening Committee’s decision and the associated Office Order dated May 30, 2023, which downgraded the petitioner’s pay scale and directed recovery of an alleged excess amount of ₹3,75,255. The Court held that: The Screening Committee failed to comply with principles of natural justice as required under the High Court’s earlier directions issued on January 13, 2023. The Committee did not adequately address the petitioner’s objections or provide a reasoned decision. The recovery order contravened the precedent set in State of Punjab v. Rafiq Masih (2015), which protects certain employees from recovery of overpayments caused by administrative errors. Court’s Reasoning: Non-Compliance with Directions: The Screening Committee did not address the petitioner’s objections, including his reliance on Rafiq Masih and Bihari Lal. The Committee merely reiterated its earlier stance without providing a fresh or reasoned decision. Violation of Precedents: The recovery order was inconsistent with Rafiq Masih, as the petitioner was a Group-C employee, and recovery would impose financial hardship. Lack of Reasoned Order: The Court criticized the Committee’s failure to give a speaking order, stating that reasons are the lifeblood of judicial and administrative decisions. Conclusion: The Court quashed the Screening Committee’s recommendations and the corresponding recovery order. It directed the respondents to reconsider the petitioner’s case in light of judicial precedents and provide a detailed, reasoned decision. #SupremeCourt #LegalUpdate #MotorVehiclesAct #RightToLife #GoldenHour #CashlessTreatment #RoadSafety #PublicHealth #GovernmentPolicy #LegalFramework #HealthcareJustice #InsuranceClaims

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Pryor Cashman Partner Robert deBrauwere and Associate Scott Resnick co-authored a client alert detailing the recent amendments to the California Consumer Privacy Act (CCPA) signed into law by Governor Gavin Newsom on September 28, 2024. These amendments introduce significant changes, including the inclusion of neural data as a category of sensitive personal information and the expansion of the definition of personal information to include AI systems. Businesses will need to carefully review their data practices to comply with these updates, set to become operative on January 1, 2025. Read more here: https://lnkd.in/evkWy2xt #PryorCashman #CCPA #CaliforniaConsumerPrivacyAct #CyberSecurity #DataPrivacy

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Are federal courts using executive power—not judicial—when reviewing agency actions? Adam Crews challenges the premise that judicial review of agency action is subject to Article III constraints, suggests that courts can (and do) use executive power when reviewing some agency action, and explores how this novel conception of judicial review of agency action advances legal stability and agency accountability. Read more from our Summer 2024 Issue here:

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