Publications

After several months of uncertainty, Brazil’s new data protection law, the Lei Geral de Proteção de Dados (“LGPD”) took effect on September 18, 2020.  The LGPD was slated to take effect in February 2020, but was postponed due to the Coronavirus pandemic.  The Brazilian government then postponed the LGPD to […]

Last month, the California Legislature passed AB-1281, a bill that amends the California Consumer Privacy Act (“CCPA”) to extend two important CCPA exemptions beyond their current January 1, 2021 expiration date – employment-related information and personal information collected in the context of business-to-business (“B2B”) transactions.  The employment-related exemption applies to (1) […]

On August 5, 2020, the Office of the Comptroller of the Currency (OCC) issued a record $80 MM USD civil penalty against Capital One for the cyber breach it suffered in 2019.  Capital One suffered a breach when the information harvested from their server was posted on GitHub.  Due to […]

The Fair Labor Standards Act requires employers to pay most “employees,” as the statute defines that term, a minimum wage and overtime.  Not so for workers classified as independent contractors.  But the FLSA and its regulations do not define the term “independent contractors.”  As a result, it has been largely […]

In August, the Department of Labor issued an interim final rule (the “Rule”) implementing the requirement that defined contribution retirement plans provide participants with lifetime income disclosures each year.  The rule comes in response to the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”), passed […]