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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
4 Takeaways From 1st Opinion on AI Training and Fair Use
Law 360 quotes Jacqueline Charlesworth on the Third Circuit ruling granting summary judgment to Thomson Reuters, in a case alleging tech startup ROSS Intelligence infringed copyrighted material from Thomson Reuters’ Westlaw platform to create a competing legal research tool. Ms. Charlesworth stated the ruling is significant because many AI companies are asserting transformative use, in interpreting The Andy Warhol Foundation v. Goldsmith case. (Behind paywall) View Article
February 13 2025
Thomson Reuters Prevails in Copyright Battle with AI Company
MediaDailyNews quotes Jeremy S. Goldman on the federal court decision that Ross Intelligence infringed Thomson Reuters’ copyright by training its services using Westlaw summaries, known as “headnotes.” Mr. Goldman states the ruling could impact lawsuits by other copyright owners over the use of their material to develop AI. However, he distinguishes some of the high-profile cases such as those against OpenAI in training ChatGPT. He notes OpenAI argues it did not copy material to compete with authors and publishers but to create its language model and technology. View Article
February 12 2025
What a Character
Boston College Law School Magazine quotes Jeffrey A. Greenberg in a profile of Michael Schiffer, founder of S2 Advertising Law, and the former legal director at Twitter. The article titled "What a Character" notes that Mr. Greenberg was on the hiring committee that recruited Mr. Schiffer to join Frankfurt Kurnit’s Advertising group, where he worked for more than 10 years. View Article
February 11 2025