Mr. Leibowitz is a partner in Davis Polk’s Litigation Department, based in Washington DC and New York offices. [Full Bio]

Momentum is building for federal data privacy legislation, in large part due to the passage of the California Consumer Privacy Act (CCPA) (which goes into effect in 2020) and other states enacting or considering their own consumer privacy laws.  These developments have businesses concerned that they will face a patchwork
Continue Reading Federal Privacy Legislation Is Coming. Maybe. Here’s What It Might Include

On June 6, 2018, the Eleventh Circuit vacated a cease and desist order issued by the FTC against LabMD as unenforceably vague.  The FTC’s Order, which resulted from a finding that LabMD had failed to maintain an adequate cybersecurity program, directed LabMD to “establish and implement, and thereafter maintain,
Continue Reading Standards vs. Rules for Cyber Regulation – The Eleventh Circuit Weighs in Against the FTC and in Tacit Support for the NYDFS Approach

On April 23, 2018, Senators Klobuchar (D-Minn.) and Kennedy (R-La.) introduced the Social Media Privacy Protection and Consumer Rights Act of 2018 (“the Act”), which was referred to the Senate Commerce Committee. Like the CONSENT Act introduced by Senators Markey (D-Mass.) and Blumenthal (D-Conn.)—discussed in detail in our
Continue Reading New Bipartisan Bill Shows Renewed Congressional Attention to Data Privacy and Security