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Vaccinations in the Workplace: The Privacy Conundrum

COVID-19 vaccines are now widely available, signaling an eventual return to work. That is certainly welcome news for employees and employers alike, but employers are finding themselves in an unprecedented quandary—whether they can condition workforce re-entry on proof of employee vaccinations. The Equal Employment Opportunity Commission (EEOC) and state legislatures have generally...

Getting back when HACT: Congress’s idea to provide redress to recent cyberattacks

Amidst the ever-worsening onslaught of cyberattacks, companies are longing to go on the offensive, whether by “hacking-back” or by going after malicious actors in US courts. While Congress has previously refused to enable the former, it now appears more open to the latter, particularly with the introduction of the Homeland and Cyber Threat Act (the HACT Act): The HACT Act, if passed,...

Your quarterly privacy & cybersecurity update

Welcome to the tenth edition of Updata! Updata is our US and international update on the most important privacy and cybersecurity regulatory and legislative developments from the past quarter, October to December 2020. Full of newsworthy items from our global team members, this edition includes updates on: COVID testing and remote working guidance across multiple jurisdictions;Increase...

Virginia is for lovers (of privacy)—The Consumer Data Protection Act passes into law

On March 2, 2021, Governor Northam signed the Virginia Consumer Data Protection Act (CDPA), making it the country’s second, enhanced state privacy law. It will likely not be the last. Set to take effect on January 1, 2023, the CDPA requires businesses to make significant enhancements to their privacy policies and to provide covered consumers with substantial...

2021 Foresight: Key lessons from 2020 to help navigate the future of cybersecurity and data privacy

When it comes to privacy and cybersecurity, the uncertainty and volatility of 2020 will not soon relent — but neither will its invaluable lessons. In this article for Thomson Reuters, Partners Michael Bahar and Paula Barrett look back on the tumult of 2020 and reveal five key lessons to help manage the inevitable uncertainty and volatility going forward, and emerge stronger and more...

Taking a stand on standing in data breach cases

At the crossroads of the California Consumer Privacy Act and Article III standing: Plaintiffs continue to test the boundaries of the CCPA’s Private Right of Action for data breaches;Courts, however, are standing firm on Article III standing requirements;That said, the costs of data breaches are rising with increased litigation and regulatory risk, so to reduce the chances of a breach,...

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