• Posts by Suzanne K. Gainey
    Member

    Suzanne’s practice is focused on supply chain, licensing, technology and commercial transactional matters, as well as data security and privacy. She has extensive experience in drafting and negotiating a variety of commercial ...

The saga of the Capital One data breach, which impacted an estimated 106 million individuals in the U.S. and Canada, may soon be coming to an end. After more than two years of litigation, the parties have reached a settlement that would resolve existing and future consumer claims arising out of the 2019 breach which impacted Capital One customer information stored in the Amazon Web Services (AWS) cloud environment. If the settlement is approved, it will be one of the largest in any multidistrict data breach litigation.

Colorado is now the third state in the U.S. to pass comprehensive privacy legislation, following in the footsteps of California and Virginia. The Colorado Privacy Act (the “CPA”), passed by the state’s General Assembly as SB 190, is currently awaiting signature by Governor Jared Polis. If signed, the CPA will become effective July 1, 2023. 

The CPA includes a mix of concepts similar to those found in other comprehensive privacy legislation passed in the U.S. (e.g., the California Consumer Privacy Act (the “CCPA”) and Virginia’s Consumer Data Protection Act (the ...

The Wait is Over: Proposed Regulations Implementing the CCPA are Released

By Suzanne Gainey and Tandy Mathis.  On October 10, California Attorney General Xavier Becerra announced that the long-awaited proposed regulations implementing the California Consumer Privacy Act (“CCPA”) are available for public comment.  Although the regulations are not yet final, they do provide some visibility into what the Attorney General will expect from businesses that are subject to the CCPA.  While the proposed regulations add some clarity to the (sometimes unclear) language of the CCPA, the regulations also raise new questions about the application of the CCPA ...

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The technology and regulatory landscape is rapidly changing, thus impacting the manner in which companies across all industries operate, specifically in the ways they collect, use and secure confidential data. We provide transparent and cutting-edge insight on critical issues and dynamics. Our team informs business decision-makers about the information they must protect, and what to do if/when security is breached.

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