On this special episode, Privacy and Information Security practice chair Alysa Hutnik chats with Shana Gillers, TransUnion’s Chief Privacy Officer. Alysa and Shana discuss the journey to becoming a chief privacy officer, hot topics, and what it takes to stay on top of your game in privacy today.
Watch a video version here or the audio version here.
Shoshana Gillers has served as TransUnion’s Chief Privacy Officer since September 2019. In this role Ms. Gillers oversees compliance with privacy laws across TransUnion’s global footprint and promotes a culture of responsible data stewardship.
Prior to joining TransUnion, Ms. Gillers spent four years at JPMorgan Chase, ultimately serving as Vice President and Assistant General Counsel, Responsible Banking, Data and Privacy. Previously, she served as a federal prosecutor for eight years at the U.S. Attorney’s Office in Chicago, and as a litigator for four years at WilmerHale in New York. Ms. Gillers clerked for the Hon. Robert D. Sack on the U.S. Court of Appeals for the Second Circuit and for the Hon. Aharon Barak on the Supreme Court of Israel.
Ms. Gillers received a B.A. from Columbia University, summa cum laude, and a J.D. from Yale Law School.
Alysa chairs Kelley Drye’s Privacy and Information Security practice and delivers comprehensive expertise in all areas of privacy, data security and advertising law. Her experience ranges from strategic consumer protection oriented due diligence and compliance counseling to defending clients in FTC and state attorneys general investigations and competitor disputes.
Prior to joining the firm, Alysa was a federal clerk for the Honorable Joseph R. Goodwin, United States District Judge, Southern District of West Virginia.
Alysa received a B.A. from Haverford College, and a J.D. from the University of Maryland Carey School of Law.
]]>
In April, Law360 published the article “Deepfake Best Practices Amid Developing Legal Practices,” co-authored by partner John Villafranco. The article provides an analysis of deepfake use cases, describes legal tools available to protect against harmful uses of the technology, and suggests some best practices for responsible use of deepfake technology.
For this episode of the Ad Law Access podcast, Rod discusses the article and reviews some best practices recommend. Find the episode here or wherever you get your podcasts.
To read the article, please click here
Contact:
John Villafranco
[email protected]
For additional information, please visit:
With AdTech (tracking individuals and their online or in app behaviors to build a profile of them to better serve and more effectively target them) and MarTech (strategies and technologies to generate demand, attention, and sales for a product) now the most celebrated or perhaps infamous areas in privacy today, being a privacy lawyer has changed dramatically in just a few years. Privacy lawyers are not only counseling and guiding companies along the lines of what they need to do from a legal perspective but there's an element of what should be done from an ethical or social perspective as well. Finding a coherent thread through all of the requirements and keeping track of all the technological changes in what is now a very tech heavy business is difficult.
Kelley Drye Partner Alysa Hutnik discusses the state of privacy, tracking, compliance technology and tools, and strategies privacy lawyers and others can use to help do their jobs. As you would expect, there are some practical tips to take away.
Find the episode on Apple Podcasts, Google Podcasts, Amazon Podcasts, SoundCloud, or wherever you get your podcasts.
Contact:
Alysa Z. Hutnik
[email protected]
(202) 342-8603
For additional information, please visit:
- Key Developments in CCPA Litigation for Q1 2021- As we move deeper into the second year of CCPA litigation, the substantive issues continue to develop and we remain focused on the patterns and implications of recent filings and rulings. In this post, we highlight notable developments in three cases that occurred in the first quarter of 2021. These cases raise significant issues regarding judicial interpretation of the private right of action in the CCPA, the definition of a “data breach,” and CCPA plaintiffs’ ability to access pre-complaint discovery.
- Advertising and Privacy Law Resource Center - Kelley Drye has organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape. While this site is not exhaustive, it addresses key legal topics relevant to advertising and marketing, privacy, data security, and consumer product safety and labeling. Feel free to contact us to discuss any specific claims, privacy or data security practices, or for any other questions.
- Ad Law Access Blog - Updates on consumer protection trends and developments from the Advertising Law and Privacy Law practices
- Privacy and Information Security Practice Group Page
Many states are considering comprehensive privacy legislation in the absence of a federal law. On another much anticipated episode of the Ad Law Access podcast, Alysa Hutnik and Aaron Burstein discuss pending state privacy legislation, how we got here, and some expected future legislation. Find the episode here or wherever you get your podcasts.
Contact:
Alysa Z. Hutnik [email protected]
Aaron Burstein [email protected]
For additional information, please visit:
]]>Often when people think about the Consumer Financial Protection Bureau (CFPB) they say to themselves, “well, I’m not a bank so that doesn't really apply to me.” But consumer financial protection laws are actually much broader and cover all aspects of consumer financial products, any way that consumers bank, pay, or finance transactions and the financial technology sector more broadly.
On this episode of the Ad Law Access Podcast, partner Alysa Hutnik and special counsel Donnelly McDowell discuss consumer financial protection, fintech, financial services, and the consumer protection issues that the CFPB and FTC have broad discretion over.
Listen on Apple, Spotify, Google Podcasts, SoundCloud, via your smart speaker, or wherever you get your podcasts.For more information on consumer financial protection and other topics, visit:
- Taskforce on Federal Consumer Financial Law Report
- Kelley Drye’s Consumer Financial Protection Practice Page
- Advertising and Privacy Law Resource Center
- Ad Law Access Blog
- Ad Law News and Views Newsletter
- Kelley Drye’s Advertising and Marketing Practice
]]>Our increased reliance on the Internet to conduct our daily affairs has thrust an additional spotlight on data security that much important. On another 101 edition of the Ad Law Access podcast, it will cover data security and covers five key points businesses should keep in mind as they continue to refine their data security practices based on FTC settlements and guidance.
Listen on Apple, Spotify, Google Podcasts, SoundCloud, via your smart speaker, or wherever you get your podcasts.
For more information on data security, privacy, and other topics, visit:
- Kelley Drye’s Privacy Law Practice Page
- Advertising and Privacy Law Resource Center
- Ad Law Access Blog
- Ad Law News and Views Newsletter
]]>
Moderated by Kelley Drye partner Matt Luzadder, join Kelley Drye partner Jaimie Nawaday, a former Assistant U.S. Attorney in the Southern District of New York and chair of the firm’s White Collar, Investigations and Compliance practice group, and Mark Pohl, a former Special Agent with the U.S. Department of Defense and founder and CEO of The Pohl Group, for a two-part podcast covering search warrants, subpoenas and government interviews, as well as best practices for dealing with federal agents and prosecutors during an investigation. Please click below to tune in.
You can also listen on Apple, Spotify, Google Podcasts, via your smart speaker, or wherever you get your podcasts. For additional resources, or further information of Kelley Drye’s White Collar, Investigations and Compliance practice group, please see below.Kelley Drye – Corporate Compliance Checklist Kelley Drye – White Collar, Investigations and Compliance Practice
]]>As covered in the blog post "It’s Here: California Voters Approve the CPRA," California voters passed ballot Proposition 24, the California Privacy Rights Act of 2020 (“CPRA”) Also known as CCPA 2.0, CPRA brings a number of changes to the CCPA, the majority of which will become operative on January 1, 2023. In addition to revising some of the definitions that are fundamental to commercial relationships under the CCPA (e.g., the definition of “sale” and “service provider”), CPRA provides additional consumer rights, incorporates data minimization and certain other principles from the General Data Protection Regulation, and establishes a new California Privacy Protection Agency, which will become the state’s privacy regulator and share enforcement oversight with the State Attorney General’s Office.On this much anticipated episode of the Ad Law Access podcast, Alysa Hutnik and Aaron Burstein focus on some overarching CPRA issues and a few particular issues that caught their attention.
Listen on Apple, Spotify, Google Podcasts, SoundCloud, via your smart speaker, or wherever you get your podcasts.
For more information on health claims and other topics, visit:
- Kelley Drye’s Privacy Law Practice Page
- Advertising and Privacy Law Resource Center
- Ad Law Access Blog
- Ad Law News and Views Newsletter
The new Supreme Court Term is underway and for the second straight Term, and second time in 2020, the Court will address a Telephone Consumer Protection Act (TCPA) question. On December 8, 2020, the Justices will hear argument in the case of Facebook v. Duguid, which is expected to resolve a widening Circuit split regarding the definition of an automatic telephone dialing system.
On the latest episode of the Ad Law Access podcast, Kelley Drye's litigation partner provides some background on where things stand with the TCPA, level-set on the current status of the ATDS definition, and lay out some of the potential implications for the Court’s ruling.
If you have any questions or concerns about the technology that you’re using or your particular telemarketing procedures, our team of compliance and litigation specialists would be happy to talk through your practices or campaign and offer practical feedback and evaluation of the potential risks on this quickly evolving topic.
Listen on Apple, Spotify, Google Podcasts, SoundCloud, via your smart speaker, or wherever you get your podcasts.For additional information, please visit:
Kelley Drye’s TCPA Tracker newsletter
TCPA and Telemarketing Section of the Advertising and Privacy Law Resource Center
On a timely new episode of Kelley Drye’s Ad Law Access podcast, Privacy and Data Security practice chair Alysa Hutnik and partner Aaron Burstein provide 101 level tips on how to manage the clock and begin to deal with data breaches when they happen.For more information on data breaches, visit:
- Alysa Z. Hutnik LinkedIn - www.linkedin.com/in/alysahutnik/
- Aaron J. Burstein
- Kelley Drye’s Privacy Law Practice Page
- Advertising and Privacy Law Resource Center
- Ad Law Access Blog
- Ad Law News and Views Newsletter
]]>When we posted about a $9.3 million FTC settlement involving the Mail Order Rule, many people commented that they had never heard of that Rule, and wondered what else they might be missing.
In fact, the FTC has more than 50 Rules and Guides. Don’t let that number scare you – many of these rules are very narrow and wouldn’t apply to most of our readers. For example, you probably don’t have to worry about the rule that regulates power output claims for amplifiers used in home entertainment products or the rule that requires certain disclosures when selling funeral goods or services. But odds are that there are a number of Rules and Guides that do apply to you.
On the latest episode of the Ad Law Access Podcast, Gonzalo Mon walks you through six FTC Rules and Guides that you should know.
Listen on Apple, Spotify, Google Podcasts, SoundCloud or wherever you get your podcasts.
For more information on the FTC and other topics, visit:
]]>As covered in this blog post, on June 24, 2020, the Secretary of State of California announced that the California Privacy Rights Act (CPRA), had enough votes to be eligible for the November 2020 general election ballot. CPRA is a ballot initiative, which, if adopted, would amend and augment the California Consumer Privacy Act (CCPA) to increase and clarify the privacy rights of California residents. The result is a law that is closer in scope to robust international privacy laws, such as the GDPR.On the latest episode of the Ad Law Access Podcast, Privacy partner Alysa Hutnik discusses the initial highlights of CPRA and provide some takeaways for you to begin to understand this new California privacy development.
Listen on Apple, Spotify, Google Podcasts, SoundCloud or wherever you get your podcasts.
For more information on health claims and other topics, visit:
- Kelley Drye’s Advertising Law Practice Page
- Advertising and Privacy Law Resource Center
- Ad Law Access Blog
- Ad Law News and Views Newsletter
- Upcoming webinars:
- Product and Earnings Claims in the Time of COVID-19
- Trade Association Antitrust 101
- Additional webinars will be announced soon
The latest episode of the Ad Law Access Podcast discusses three keys to making compliant health claims: determining the product regulatory classification, claim substantiation standards, and the importance of context. This episode is a prequel to her earlier Health Claims in the Context of COVID-19 episode which focused on recent FTC and FDA enforcement relating to false COVID-19 health claims and the importance of considering the current pandemic context in health-related marketing.
Listen on Apple, Spotify, Google Podcasts, SoundCloud or wherever you get your podcasts.
For more information on health claims and other topics, visit:
- Kelley Drye's Advertising Law Practice Page
- Advertising and Privacy Law Resource Center
- Ad Law Access Blog
- Ad Law News and Views Newsletter
As we have written about extensively on this blog, consumers continue to grow more environmentally conscious and demand products that reflect this concern. To meet consumer demands and as part of social responsibility initiatives, companies are increasing their “sustainable” practices, recycling materials, upcycling other products, and working to reduce waste and environmental harms. As companies look to communicate their efforts to consumers, they must proceed with caution to avoid allegations of “greenwashing” or overstating the environmental benefits.On the latest episode of the Ad Law Access Podcast, Advertising and Marketing practice Christie Thompson discusses the key regulatory requirements (the FTC’s “Green Guides”) and practical tips for companies to consider when engaging in green marketing in the United States.
Listen on Apple, Spotify, Google Podcasts, SoundCloud or wherever you get your podcasts.
For more information on these and other topics, visit:
- Advertising and Privacy Law Resource Center
- Ad Law Access Blog
- Ad Law News and Views Newsletter
- Kelley Drye’s Advertising and Marketing Practice Page
]]>
The FTC recently sent warning letters to companies for falsely claiming that their products can treat or prevent COVID-19. The latest episode of the Ad Law Access Podcast discusses the importance of keeping the current pandemic context in mind when making health claims more generally.
Listen on Apple, Google Podcasts, SoundCloud, Spotify, or wherever you get your podcasts.
For more information on these and other topics, visit:
- COVID-19 Response Resource Center
- Advertising and Privacy Law Resource Center
- Ad Law Access Blog
- Food and Drug Law Access
- Advertising and Privacy Law Resource Center
- Ad Law News and Views Newsletter
As retailers have shifted to online and ship to store/ship from store sales, we’ve been getting a variety of questions from our retailing clients.
On the latest episode of the Ad Law Access Podcast, Advertising and Marketing chair Christie Grymes Thompson answers retailer questions regarding pricing, shipping, refunds, customer reviews, and telethermographic cameras (cameras that can detect human temperature).
Listen on Apple, Google Podcasts, SoundCloud, Spotify, or wherever you get your podcasts.
For more information on these and other topics, visit the COVID-19 Response Resource Center and Advertising and Privacy Law Resource Center.
______________________________________________________________
Getting Back to Work Webinar The coronavirus threat will still be active when many employers begin to return their employees to the job. What will you do when employees refuse to return? When some have been sick but not diagnosed? When social distancing measures remain in place? When some parts of the country (or even your city) are “more open” than others? What should employers do to prepare?
In Part I of this two-part series, L&E Group co-chairs Barbara Hoey and Mark Konkel will guide employers through the snares of legal, logistical and practical considerations as the nation returns to work.
Recently the Second Circuit Court of Appeals issued an opinion providing its definition of an automatic telephone dialing system (ATDS) under the TCPA. That sets up a severe split of the Circuits with the Second and Ninth Circuits taking a broad approach while the Third, Seventh, and Eleventh Circuits have charted a narrower standard for defining an ATDS.
On the latest episode of the Ad Law Access Podcast, Kelley Drye's special counsel provides an update on ATDS issues, walks through the different standards for an ATDS under the TCPA, and discusses where that leaves telemarketers and litigants going forward.
Listen on Apple, Google Podcasts, SoundCloud or Spotify.
For more information, sign up for our monthly TCPA Tracker and visit the Advertising and Privacy Law Resource Center for additional information on this and other topics.
]]>As COVID-19 continues to dominant the news and the effects sweep across the country and globe, one of the important issues that directly affects companies and consumers alike is price gouging. In fact, the AGs in 32 states sent a letter to online retail platforms (Amazon, eBay, Craigslist and others) urging them to do more to crack down on price gouging.
In the latest episode of the Ad Law Access Podcast, Gonzalo Mon and Donnelly McDowell discuss price gouging issues, how they typically arise, some of the different state and federal laws, exemptions to them, and how you can avoid running afoul of them or enduring reputational harm.
Listen on Apple, Google Podcasts, SoundCloud or Spotify
The Ad Law Access podcast is available through Apple Podcasts, Spotify, Google Podcasts, SoundCloud, or wherever you get your podcasts.
The California Consumer Privacy Act (CCPA) remains one of our most popular topics and on the latest episode of the Ad Law Access Podcast, partner Alysa Hutnik sits down with Matthew Dumiak, Director of Privacy Services at CompliancePoint. Matt provides a view "from the trenches" on the operational side of CCPA compliance and reveals some frequently asked questions from clients grappling with CCPA.
If you have suggestions for other topics, CCPA or otherwise, that you would like us to cover in future podcasts, please send us an email at [email protected].
___________________
Given the continuing growth in influencer and celebrity marketing to help create buzz, companies have additional worries about potential harm to their brands. Please join partner Gonzalo Mon for this 30-minute program on the legal issues surrounding social media influencers. This program will cover:
- Key legal requirements for influencer campaigns
- Notable enforcement actions, and what you can learn from them
- Practical tips for managing influencers
As we have discussed here on Ad Law Access, subscription plans that automatically renew at the end of a term have become more popular with companies and they’re also getting more scrutiny from regulators. On the latest episode of the Ad Law Access Podcast, partner Gonzalo Mon provides an update on some of the laws and challenges that regulate how these plans can be structured and some of the notable cases related to automatic renewals.
The Ad Law Access podcast is available through Apple Podcasts, Spotify, Google Podcasts, SoundCloud, or wherever you get your podcasts.
___________________
Please join partner Alysa Hutnik for Privacy 101, a webinar that walks through topics such as:
- Privacy law 101
- Data security and breaches
- E-Mail, calls, and text marketing