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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
Challenges in Opt-Out Design and Children’s Privacy Highlighted by Sling TV’s Settlement With California AG
Cybersecurity Law Report quoted Daniel Goldberg regarding California AG Rob Bonta's $530,000 settlement with Sling TV for CCPA violations related to opt-out processes and children's privacy protections. Goldberg noted this is "the first CCPA settlement involving a connected TV" and indicates that connected TV is now a priority for privacy enforcement. Goldberg predicted future settlements are more likely to reach seven or eight figures as investigations progress. He explained that companies struggle to operationalize opt-outs across different platforms because many rely heavily on consent management platform vendors that often cover only cookie-based activity and don't connect to the backend systems that actually drive targeted advertising.
On children's privacy, Goldberg highlighted the CA AG's aggressive stance, noting that although Sling TV didn't collect age data, the AG concluded they still had knowledge of minors through child-directed channels, notifications from programmers, demographic inferences purchased from data brokers, and ad-targeting segments that included children. He observed this "arguably expands the notion of 'actual knowledge' under the CCPA." Goldberg advises companies to map out data flows and opt-out signals across every environment and audit vendor configurations to ensure the tools actually work. Read the full article on children’s privacy protections here. (Behind a paywall)
December 1 2025
Game Companies Must be Flexible to Comply with Changing Laws
Emma Smizer was recently featured as a panelist at GamesBeat Next 2025 and quoted in a GamesBeat article discussing global regulatory compliance and its impact on the gaming industry. The panel examined how evolving policy frameworks create new opportunities for developers and platforms navigating global markets.
Smizer addressed compliance challenges under emerging laws, specifically citing the Texas App Store Accountability Act. She noted that this kind of legislation changes how developers and platforms interact with users: “App stores have to do this age verification, but so do software and hardware developers. Global compliance is complicated, even just across the states… We’re moving toward a world where you can’t just be willfully ignorant about the age of your users.”
Her analysis emphasizes a growing trend that age verification and child safety requirements are not only regulatory hurdles but also can create opportunities and growth for businesses and sectors. Read the full summary of the panel here.
November 25 2025
Copyright Guide or Policy Change? Project Divides IP Attys
Law360 quoted Jacqueline Charlesworth on the controversy surrounding the American Law Institute’s copyright restatement project. Ms. Charlesworth criticized the initiative as advancing a “revisionist theory” that could weaken copyright protections. She was among nearly two dozen advisers who resigned from the project, signaling deep concerns about its direction.
The article highlights a broader debate within the IP community: whether the restatement simply clarifies existing law or attempts to reshape policy in favor of users. Ms. Charlesworth’s perspective emphasizes the stakes for rights holders as courts and practitioners consider how much influence the restatement may carry. Read the Law360 article about the copyright restatement project here.
November 19 2025
