Our Weekly Alert and Blog Summary for September 16, 2022

Our Weekly Alert and Blog Summary for September 16, 2022

Recent Alerts

September 07:?The Third Circuit Weighs in on Whether Website Tracking Violates Pennsylvania’s Wiretap Act

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Cybersecurity and Privacy Practice

A spate of lawsuits across the country has targeted companies that use website tracking and analytics tools, claiming they are violating prohibitions against illegal wiretaps. In a recent precedential decision, the Third Circuit weighed in on this issue, suggesting that companies can indeed be liable under Pennsylvania law if they fail to obtain adequate consent from website users. This client alert discusses the key takeaways from the Third Circuit’s opinion. Companies that use these common tools should review the decision closely and take steps to guard against similar lawsuits.

September 13:??Dismissals of COVID-19 Business Interruption Claims Upheld by Appellate Courts

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Insurance?Practice

This alert discusses recent appellate court decisions upholding positions of insurers faced with COVID-19 related business income loss claims that a policyholder cannot recover financial losses under business interruption coverage without a tangible, direct physical harm to covered property. Many appellate courts faced with reviewing claims by restaurants and other businesses have explained that COVID-19 related closures and corresponding governmental orders prohibiting or restricting indoor activities do not satisfy policy language requiring direct physical loss or damage. This Alert addresses recent decisions issued by the Washington Supreme Court, the South Carolina Supreme Court, the Fourth Circuit, and the Fifth Circuit.??

September 14:?CCPA to Apply to Employment Data as of January 1, 2023

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Cybersecurity and Privacy Practice

Due to the closing of California’s legislative session, it’s now clear that the California Consumer Privacy Act (“CCPA”) will apply to personal information concerning employees, contractors, and job applicants starting on January 1, 2023, which will require substantial compliance efforts from businesses.


Recent Blog

September 14:?Virginia Invalidates "Pay-If-Paid" Clauses Starting January 1, 2023

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Construction Practice

During the 2022 legislative session, the Virginia General Assembly passed Senate Bill 550 (“SB 550”), which Virginia Governor Youngkin signed into law. SB 550 amends a portion of the Virginia Prompt Payment Act and a component of the Virginia wage theft statute, prohibiting “pay-if-paid” clauses in both public and private contracts clauses, and will become effective January 1, 2023.

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