In California Privacy Protection Agency et al. v. The Superior Court of Sacramento County (case number C099130), the Third Appellate District of the California Court of Appeal returned authority to the California Privacy Protection Agency (CPPA) to enforce the regulations promulgated under
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When Can an Insurer Pursue a Malpractice Claim Against Defense Counsel Retained for an Insured? Part II: When Can an Insurer Pursue a Reimbursement Claim against an Insured?
In Part I (”When Can an Insurer Pursue a Malpractice Claim Against Defense Counsel Retained for an Insured”) of our two-part article published by the ABA’s Insurance Coverage Litigation Committee (ICLC), we addressed the circumstances in which an insurer can…
California Proposes New AI & Automated Decision-Making Technology Regulations
The California Privacy Protection Agency (CPPA) released its draft regulatory framework for automated decision-making technology (ADMT) on November 27. These regulations are a preview of what new requirements may look like for companies currently regulated by the California Consumer Privacy…
BIPA Liability: Existing CGL Coverage May Provide a Lifeline for Policyholders
Developments in the law have increased the potential liability that companies could face under the Illinois Biometric Information Privacy Act (BIPA), but fortunately for policyholders, Illinois case law has also solidified coverage for BIPA claims under the Commercial General Liability…
Regulatory Changes Underway To Address Dwindling California Property Insurance Market
We keep hearing about how difficult it is for our clients to get property insurance these days, both for homes and businesses in Northern California’s wildfire-prone areas. Which, of course, is most of Northern California. Those who have not yet…
When Can an Insurer Pursue a Malpractice Claim Against Defense Counsel Retained for an Insured
When an insurer accepts an insured’s tender and agrees to provide a defense, it is often an afterthought as to whether the insurer can actually recoup those defense costs or indemnity payments from the insured or defense counsel if things…
Protecting Insurance Coverage in Ownership Disputes and Closely Held Companies
We recently wrote an article for Private Company Director on how disputes between shareholders may not be governed by fiduciary duties but could be covered by insurance.
Disputes regarding ownership interests often arise in the context of closely held corporations,…
Nonprofits’ Use of Artificial Intelligence Systems: Intellectual Property and Data Privacy Concerns
In today’s rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting it for countless cost-effective purposes. As nonprofit executives, you…
Enforcement of CPRA Regulations Delayed
Shortly before the California Privacy Right Act (CPRA) modifications to the California Consumer Privacy Act (CCPA) were set to become enforceable on July 1, 2023, a Sacramento Superior Court judge issued a ruling on June 30, 2023 pushing enforcement of…
I Always Feel Like AI Is Watching Me: Artificial Intelligence and Privacy
ChatGPT got the early press, and every day we learn of new generative artificial intelligence products that can create new and creative visual and text responses to human input. Following on ChatGPT’s fame, Google’s Bard and Microsoft’s Bing are now…