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Fall 2020 Data Privacy Updates
If it feels like California has gotten a lot of attention for their data privacy laws lately, you certainly aren't wrong. Despite the California Consumer Privacy Act (CCPA) going into effect in January of this year, the regulations weren't yet finalized until after full enforcement of the law began in July. In August, the California Attorney General's office made a surprise announcement that the regulations were final and in fully in effect. Then, a little over two months later, the people of California again voted on a significant privacy law, this time referred to as the California Privacy Rights Act (CPRA).
In this quarter's Data Privacy Update, we'll take a look at a few states that are pursuing privacy laws of their own or adding to their existing regulations. Two of those laws come from large states that cover a lot of business — one of which could have an impact on a similar scale to the CCPA.
|The Proposed New York Privacy Act (NYPA): How It's Different From the CCPA
The New York Privacy Act (NYPA) would provide consumers with greater control over their personal information, while at the same time being much more onerous for businesses to comply with. The bill was expected to receive a November vote, but was set aside due to COVID-19. However, the pandemic has brought privacy issues back into the spotlight, with emerging fears that there is a lag between the protection of individuals' private data and the use of technology.
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'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
Strategy vs. Tactics: Two Sides of a Difficult Coin
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Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.