January 21, 2021 | New York Law Journal
New York Rings in the New Year by Introducing Proposed Biometric Privacy Bill With Private Right of ActionKnown as the New York Biometric Privacy Act, the bill—if enacted—would impose significant compliance burdens on companies handling biometric data. More importantly, the bill, which provides for a private right of action, would likely bring with it a tsunami of class action litigation akin to that seen with BIPA since 2019.
By Jeffrey N. Rosenthal and David J. Oberly
8 minute read
October 14, 2020 | Legaltech News
Analyzing the CCPA's Impact on the Biometric Privacy LandscapeWhile lawmakers' efforts have been primarily focused on enacting targeted biometric privacy statutes modeled after the well-known Illinois BIPA, the CCPA demonstrates how legislators will also turn to other ways to impose requirements and restrictions over biometrics.
By Jeffrey N. Rosenthal, David J. Oberly & Harrison M. Brown, Blank Rome
8 minute read
October 09, 2020 | The Legal Intelligencer
Biometric Privacy Regulation May Soon Be Coming to PennsylvaniaCurrently, only a handful of domestic laws directly regulate the collection and use of biometric data—such as fingerprints, voice prints, retina scans and facial scans. But that may soon change.
By Jeffrey N. Rosenthal and David J. Oberly
8 minute read
October 05, 2020 | Texas Lawyer
Meet CUBI—What Companies Need to Know About Texas' Biometric Privacy LawRecently, Illinois' sweeping biometric privacy law—the Illinois Biometric Information Privacy Act ("BIPA")— garnered headlines in connection…
By Jeffrey N. Rosenthal, David J. Oberly & Zachary J. Wyatte
8 minute read
July 27, 2020 | The Legal Intelligencer
Combating Insider Threats Posed by Remote Workers in the Time of COVID-19Remote working increases the risk of insider threats arising from employee negligence. Given the state of the world, employees may be prone to distraction and mixing personal online endeavors with their work-related activities.
By Jeffrey N. Rosenthal and David J. Oberly
7 minute read
July 17, 2020 | The Legal Intelligencer
Privacy and Security Considerations in the Era of Remote LearningAs a result of COVID-19, people across the country have been forced to continue their educational endeavors from the confines of their homes. Students are now being engaged from home for everything from school, dance lessons, craft videos and cooking classes.
By Jennifer J. Daniels, Jeffrey N. Rosenthal and David J. Oberly
8 minute read
June 23, 2020 | The Legal Intelligencer
How to Talk to Your Employees About Safe Zoom CallsNot long ago it would have been unheard of for a judge to publicly chastise attorneys for attending virtual hearings partially clothed, poolside or while still in bed. Now these are just some of the anecdotes born of widespread remote videoconferencing in the time of a global pandemic.
By Jeffrey N. Rosenthal, David J. Oberly and Heidi G. Crikelair
9 minute read
May 28, 2020 | Legaltech News
Fingerprint Biometric Technology: The Current Landscape & How to Minimize Liability RiskFingerprint biometrics is having an increasingly significant impact on businesses of all sizes and across all industries. But this technology is not without its limitations and drawbacks, while states have also greatly increased their efforts in enacting new biometrics laws.
By Jeffrey N. Rosenthal & David J. Oberly, Blank Rome
8 minute read
May 14, 2020 | The Legal Intelligencer
Third Circ. Offers Blueprint for Defeating Data Breach Class ActionsCompanies handling consumer personal information must be prepared to forcefully defend such high-stakes litigation.
By Jeffrey N. Rosenthal and David J. Oberly
11 minute read
July 29, 2019 | The Legal Intelligencer
Coming Face-to-Face With Facial Recognition TechnologyFacial technology identifies an image of a face by breaking down the depicted face into several characteristics (e.g., the relative position, shape, contours and size of facial features) and then searching a database of pre-identified faces for matching characteristics.
By Jeffrey N. Rosenthal and Huaou Yan
8 minute read
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