May 31, 2023

How CPOs Communicate Privacy’s Value to the Board

Privacy is in the headlines week after week, so boardroom discussions on the topic have increased and deepened. CPOs now not only aim to convince the board that the company’s compliance is solid and prepared for emerging and current risks, but also to persuade it that the privacy team delivers value to the company’s innovations, transactions, customer relations and bottom line. This article distills observations and tips from conversations with current or former CPOs of TransUnion, Voya Financial and 3M on how to successfully address privacy in the boardroom, including how to set goals, frame messages, establish priorities and share privacy metrics. See “VMware CPO Discusses the Evolution of the Privacy Role” (May 3, 2023).

Colorado Controllers: The Final (Rules’) Frontier

July 1, 2023, looks to be a privacy law milestone: it is the effective date of the Colorado Privacy Act (CPA) and its final rules, as well as the Connecticut Data Privacy Act. Also on that date, administrative enforcement of the California Privacy Rights Act begins. We discuss the CPA’s similarities to and departures from other states’ privacy laws, changes from the draft rulemaking and the law’s business-friendly aspects, as highlighted by Husch Blackwell partner David Stauss during a firm webinar. See “Colorado Privacy Law Finishes Third, but Could Become the New Standard” (Jun. 23, 2021).

How to Navigate the Rough Waters and Turning Tides of U.S. States’ Anti-ESG Movement and Europe’s Pro-ESG Measures (Part Two of Two)

The dynamics of environmental, social and governance (ESG) investing is complex, with the rising anti-ESG movement promulgated by conservative states and the decidedly favorable attitudes toward ESG investing in Europe. The difficulties of parsing those differences were addressed in a recent webinar hosted by Finpublica, which featured expertise from Moses Singer, August Way Law & Consulting, Morgan Lewis, Wilson Sonsini and Shepard Mullin. This second article in a two-part series evaluates the anti-ESG movement among U.S. states that is occurring via regulatory measures and state attorneys general letters. It also details the contrasting approach to ESG antitrust concerns in the U.S. and E.U., and suggests risk mitigation techniques. The first article examined the national ESG regulatory efforts in the U.S. and Europe, specific ESG enforcement matters in the U.S., select European countries and Australia, and how European investors are pursuing private litigation to shape ESG efforts in the region. See “GM CCO Talks Data, Culture, ESG and Scope Creep” (Oct. 19, 2022).

White & Case Bolsters Privacy Capabilities With Addition of Partner in L.A.

White & Case has expanded its global commercial litigation practice and global technology industry group with the addition of Hope Anderson as a partner in Los Angeles. Anderson previously served as associate general counsel, privacy and product at Snap, Inc. For insights from White & Case, see “What Does It Mean to Be Technologically Competent?” (May 15, 2019).