Photo of James Koenig

Jim co-chairs the firm’s Privacy + Cyber Practice Group. For the past ten years, he has represented global clients in the financial services, energy, retail, pharmaceutical/health care, cable, telecommunications, car rental, airline, social media, technology, and manufacturing industries, including 35% of Fortune 100-listed companies.

In a recent alert, we reported that California Attorney General (AG) Rob Bonta announced a settlement with DoorDash over allegations that the company violated the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA) by selling consumers’ personal information without providing notice or an opportunity to opt out.Continue Reading California AG Announces Second CCPA Settlement, Asserting DoorDash Failed to Deliver Privacy

In an era where privacy, security, and artificial intelligence are at the forefront of many business operations, staying informed about the latest developments is crucial. Our 2023 Privacy Year in Review is an in-depth analysis of the past year’s significant advancements and challenges in these areas.Continue Reading Navigating the Privacy Landscape: Insights from Troutman Pepper’s 2023 Privacy Year in Review

On January 16, New Jersey became the first state this year to enact a comprehensive privacy law, S332, which applies to businesses conducting operations in the state or targeting its residents. As noted in this article by our privacy team, similar to other state comprehensive privacy laws, S322 grants consumers the right to confirm, correct, delete, obtain a copy of their personal data, and opt out of its processing for targeted advertising, sale, or profiling. Controllers and processors are obligated to limit data collection, establish security practices, and provide a privacy notice. They are also required to conduct a data protection assessment for processing activities that pose a heightened risk of harm to consumers. The New Jersey Attorney General’s Office has exclusive authority to enforce violations, treating them as “unlawful practices” under the New Jersey Consumer Fraud Act. The law takes effect on January 16, 2025, with an 18-month grace period for organizations to correct violations before enforcement actions are taken.

Continue Reading NJ Charges Into 2024 With New Privacy Law

Artificial intelligence (AI) has captured the imagination and generated excitement with consumers and businesses, but at the same time, developments in AI have also raised public concerns and spawned regulation that sometimes threatens to outpace the technological innovation we are seeing. In this second in our series on AI, Stephen Piepgrass and colleagues Jim Koenig and Chris Willis discuss the background of AI, including the opportunities and associated risks it presents, as well as the emerging global best practices surrounding the collection, use, and sharing of data and its use in AI.Continue Reading AI: Technology, Opportunities, Risks, and Best Practices (Part Two)

Published in Law360 on January 25, 2023. © Copyright 2023, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission.

In recent months, there has been an explosion of artificial intelligence tools that have given even technophobes an opportunity to test AI’s power from the comfort of their favorite web browser.

From DALL-E’s ability to generate digital images from natural language prompts to ChatGPT’s ability to answer questions, write blog posts, essays, poetry or even song lyrics, today’s AI tools can be used by anyone who can open a web browser.Continue Reading Preparing for an Era of Regulated Artificial Intelligence

Introduction

On April 29, Aerojet Rocketdyne Holdings Inc. (Aerojet) settled claims by whistleblower Brain Markus for a reported $9 million after the second day of a jury trial.[1] This is the second recent settlement under the False Claims Act (FCA) relating to alleged misrepresentations about a company’s cybersecurity practices and systems in connection with

Creation of CyTech. On May 9, the National Association of Attorneys General (NAAG) announced the creation of the NAAG Center on Cyber and Technology (CyTech), joining a number of other centers focused upon key issues for state attorneys general and the public, including tobacco and public health, ethics and public integrity, and consumer protection.

Purpose: