Photo of Jeffrey L. Poston

Jeff Poston is a partner in Crowell & Moring’s Washington, D.C. office, where he serves as co-chair of the firm’s Chambers USA-ranked Privacy & Cybersecurity Group and is a member of the Litigation Group. A seasoned trial lawyer with more than 25 years of experience leading investigations and litigation for corporate clients, Jeff counsels and defends clients in complex data protection matters involving class-actions and regulatory enforcement actions, as well as commercial disputes. Jeff also counsels businesses on both domestic and international privacy compliance matters, including the EU General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA).

On September 30, 2014, California Governor Jerry Brown signed into law Assembly Bill 1710, which contains a new set of personal information protections that affect all businesses that “own, license, or maintain personal information about Californians.” In what may become a precedent for other jurisdictions, the law includes the nation’s first mandatory state requirement for breached entities to offer breach mitigation services – including credit monitoring – to all affected individuals. Further, the law includes new restrictions on the sale of social security numbers (SSNs). These amendments to the existing California Civil Code Sections 1798.81.5, 1798.82, and 1798.85 will take effect on January 1, 2015.

While offering some sort of breach mitigation services has become common practice for breached entities, California will now require any notifying entity that is the source of a breach to “offer to provide appropriate identity theft prevention and mitigation services … at no cost to the affected person for not less than 12 months.” This obligation will apply only to breaches involving Californians’ names combined with an SSN, driver’s license number, or California ID number.

Continue Reading California Enacts Tough New Privacy Protections

The deadline for complying with new Telephone Consumer Protection Act (TCPA) regulations is on Wednesday, October 16, 2013. The new rules, promulgated by the FCC in 2012, govern the circumstances under which telemarketers can contact consumers. Non-compliance puts both telemarketers and those companies that they act “on behalf of” at potential risk. As of October