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February 3rd, 2022
Daniel M. Goldberg Quoted in MediaPost on California Attorney General Warnings About Company Loyalty Programs
Privacy & Data Security Group Chair Daniel M. Goldberg was quoted in the article, “California AG Warns Companies Over Loyalty Programs” published by MediaPost. The article discusses the warning letters sent by California Attorney General Rob Bonta’s office to various companies for allegedly not complying with the California Consumer Privacy Act (CCPA). Daniel opined on whether company loyalty programs were “financial incentives” under the CCPA.
Daniel said the California law itself doesn't define “financial incentives,” and that privacy experts have debated whether loyalty programs are considered financial incentives. But the statement issued Friday indicates that the Attorney General's office believes loyalty programs meet the definition of financial incentives.
“They've made it very clear that they consider loyalty programs to trigger the financial incentive obligation.”
Daniel added that some companies don't want their loyalty programs treated as “financial incentives,” because they treat the value of customer data as proprietary information: “Many businesses have resisted classifying their loyalty programs as financial incentives on the basis that how they value their consumer data is a trade secret which they don’t want to publicly disclose.”
Read the article here.
Other Quoted
Jonah Brill and Spouse Emma Brill Featured on Cardozo Law School Podcast
Jonah Brill and his wife Emma Brill are interviewed on their alma mater’s audio publication SPARKS: A Cardozo School of Law Podcast | Cardozo Law. Having met as first-year law students at the Benjamin N. Cardozo School of Law, they discuss how their law school affected their personal lives and chosen career paths. They share their class recommendations, “insights into the complexities of tax law,” and “lessons learned along the way.” Listen here.
April 8 2025
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. 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
