Category: Technology & Data Privacy Law
California Invasion of Privacy Act Claims Targeting Businesses
August 27, 2026 | Carole Clark Isakson
Privacy Alert: Please be aware that demand letters alleging violations of the California Invasion of Privacy Act (“CIPA”), which often seek statutory damages of up to $5,000 per alleged violation, are being sent to businesses all over the country. Have you received one? We have had many calls about these demands. The California Invasion of Privacy Act (CIPA), originally enacted in 1960 to prohibit the unauthorized recording of confidential communications, is increasingly being invoked against businesses. It forms the basis for claims challenging common website tracking technologies such as cookies, pixels, chat features, digital marketing and other analytics tools. Under the CIPA, every party to a communication must consent to that communication being recorded, which, decades after enactment of CIPA, now implicates these technologies. Businesses with websites accessible to the state of California, even those located elsewhere, may face claims that these technologies collect user data without proper notice or consent. In other words, the fact that your business is located in another state won’t stop the parties currently threatening these suits from reaching out to you. To reduce risk to your business, please review your websites to ensure users receive clear disclosures about what information is collected, how it is used, and options to opt in or opt out of collection. If you have…
Read MoreNavigating Digital Assets When Settling an Estate
April 9, 2024 | Tyler W. Eubank
Navigating the estate settlement process after the death of a loved one is an emotional and confusing matter for many people. The existence of password-protected online accounts can further complicate this process. So, what can you do about these “digital assets”? Keep reading to learn more on the specifics of navigating digital assets when settling an estate. Revised Uniform Fiduciary Access to Digital Assets Act The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) is a uniform law that has been adopted by nearly all U.S. states, including Minnesota. RUFADAA dictates which digital assets fiduciaries may or may not gain access to when settling an estate. A digital asset is any electronic record in which a person has an interest. This encompasses basically any online account you may have, such as online banking service accounts, accounts from which you pay bills, email, social media, cloud-based storage, and more. Plan Ahead When it comes to digital assets, the best thing that you can do is plan ahead. Make sure your estate plan explicitly authorizes or prohibits access to your digital assets. Keep account usernames and passwords somewhere safe where they can be accessed by a trusted individual in the event of your passing. Many accounts also allow you to designate someone to take…
Read MoreCyber Liability Coverage – Read that Policy Carefully!
September 3, 2020 | Carole Clark Isakson
Cyber insurance, also referred to as cyber risk insurance or cyber liability insurance policy coverage, is an insurance policy. Any company that uses technology to do business (i.e. pretty much every company…) should evaluate its need for this type of policy, review the policy language carefully, and verify that policy limits are sufficient. Before cyber insurance coverage became common, in the event of a data breach or other cyber event an insured might have tried to make a claim under its general liability insurance. These claims were frequently denied. With the advent of cyber insurance policies, a more specific product was made available, and may provide the coverage needed. Cyber insurance applies to data breaches and specified cyber events. The typical policy provides coverage for various costs that may be incurred in a data breach situation – for instance, many policies will provide assistance in verifying and recovering from a data breach. As with any insurance policy, it is important to read the exclusions and be aware of events that are NOT covered. Not all policies are created equally. Consideration should be given to your specific goals. Cyber risk insurance often, though not always, covers: Loss or damage to data (i.e. the cost to replace or restore electronic data belonging to the insured…
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