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The Top 5 Terms & Conditions Legal Considerations

The Top 5 Terms & Conditions Legal Considerations

Terms and conditions are ubiquitous and are present on almost every website and app that we use. Whether it is our online banking or purchases made via online marketplaces, such as Amazon.com, terms and conditions are present. Terms are so omnipresent that there are websites that monitor their contents and changes, such as Clickwrapped.com as …

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RIA Hypothetical Performance In The Context Of The SEC Marketing Rule

RIA Hypothetical Performance In The Context Of The SEC Marketing Rule

The SEC Marketing Rule governs a variety of marketing-type activities that registered investment advisers (RIAs) may undertake. Performance marketing, in addition to other types of marketing, such as affiliate marketing, including via endorsements and testimonials as well as third party ratings, are some of the key components that comprise the Marketing Rule. RIA hypothetical performance …

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The Privacy Law State of Play In 2024

The Privacy Law “State of Play” In 2024

As we embark on 2024, privacy law continues to advance, particularly, here in the United States, a state-by-state regulatory patchwork is forming. Though there are core themes in common throughout practically all the newly passed state comprehensive privacy laws, critical differences must be accounted for. The result is a “balkanized” compliance landscape, resulting in a …

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The FTC's Enforcement Priorities & How To Ensure Compliance

The FTC’s Enforcement Priorities & How To Ensure Compliance

With technology rapidly evolving and eCommerce and related marketing changing with it, too, the Federal Trade Commission (FTC) under the Chair, Lina Khan, is increasingly taking a comprehensive approach to its equally broad mandate under Section 5 of the FTC Act which prohibits ”unfair or deceptive acts or practices in or affecting commerce.” Some have …

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California Expands Definition of Sensitive Information to Include Citizenship or Immigration Status

California Expands Definition of Sensitive Information to Include “Citizenship or Immigration Status”

In a further sign of the increased focus on personal information that is “sensitive,” the California Consumer Privacy Act (CCPA), as amended by the  California Privacy Rights Act (CPRA), has expanded the categories of information deemed sensitive to now include “citizenship or immigration status.” Specifically, in October 2023, Governor Newsom signed Assembly Bill 947. As …

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CCPA Enforcement In Action But Questions Abound

CCPA Enforcement In Action But Questions Abound

The passage of the California Consumer Privacy Act (CCPA) in 2018 (and effectual January 2020) and now significantly amended and expanded by the California Privacy Rights Act (CPRA) set the stage for other comprehensive state privacy laws. Following suit, Colorado, Connecticut, Virginia, and Utah now have relatively similar comprehensive privacy laws. With comprehensive privacy laws like the …

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Cybersecurity Ethics For Attorneys And Law Firms

Cybersecurity Ethics For Attorneys And Law Firms

As law firms increasingly digitize their systems and practically all facets of the practice of law move into the cloud, there is significant danger lurking in the shadows in the form of breaches. Although organizations of all types and sizes see marked upticks in cybersecurity incidents, lawyers, with their ethical obligations to keep clients’ information …

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