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September 29th, 2022
Brands Review Data Privacy Policies After $1.2 Million Sephora Settlement
Privacy & Data Security Chair Daniel M. Goldberg is quoted in the article, “Brands Review Data Privacy Policies After $1.2 Million Sephora Settlement” published by The Wall Street Journal. The article discusses the how companies are paying more attention to California’s data privacy laws after Sephora was penalized for alleged violations related to its targeted advertising. Daniel is quoted saying, “The biggest losers could be marketers at small-to-midsize businesses who did not realize that the regulations would apply to them. Many companies didn’t realize that the sharing of data could violate CCPA, even when they used tools like Google’s Marketing Platform that let users opt out of some targeted advertising. A separate point of contention for marketers was the fact that the CCPA’s definition of ‘sale’ included sharing consumer information with outside parties regardless of whether money is exchanged. Many companies delayed compliance because they disagree with that definition and don’t want to tell consumers that they sell data.”
The Sephora case also started new conversations about marketers’ use of behavioral data, as well as the Global Privacy Control tool. Daniel said, “California’s decision to require businesses to recognize GPC more than one year ago further complicated the compliance process, because CCPA didn’t initially contain any language related to the tool.”
Read the full article here. (Behind paywall)
Other Quoted
Key Amendments to the New York Rules of Professional Conduct
The New York Law Journal quotes Tyler C. Maulsby on the recently amended Rules of Profesisonal Conduct, which will affect conflicts, screening of laterals, fairness to opposing counsel, and more. (Behind paywall) View Article
April 1 2025
Duke’s ‘White Lotus’ Cameo Not Likely An IP Problem for HBO
Law360 quotes Kimberly M. Maynard on whether HBO was within its rights to use Duke University's apparel in its artistic expression on the dark comedy show "The White Lotus." Kim argues that when discussing something that's clearly an artistic expression, brand owners' rights are fairly limited by the First Amendment and the Rogers case, even as amended by the Jack Daniels' case. (Behind paywall) View Article
March 31 2025
The Television Academy’s Second Annual AI Summit Pushed Calm—and Concern
IndieWire quotes Andrew Folks who spoke on a panel of legal experts at the Television Academy’s AI Summit at the Saban Media Center in North Hollywood. The speakers addressed AI's impact on the industry and talent. Mr. Folks stated that privacy and copyright laws “are grappling” to address AI. He explained regulatory actions, and the application of copyright law. He also discussed litigation, including how OpenAI and Google in a government proposal argued that fair use protections apply to all copyrighted material used for AI purposes. The article noted, "over 400 A-List Hollywood power players condemned such an action." View Article
March 21 2025
