Amy C. Pimentel
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Amy C. Pimentel focuses her practice on privacy and data security and general health law. Her clients operate in a variety of industries, including health care, consumer products, retail, food and beverage, technology, banking and other financial services. Read Amy Pimentel's full bio.
By Laura E. Jehl and Amy C. Pimentel on Nov 4, 2020
Posted In Consumer Protection, Cybersecurity, Data Privacy, Data Transfers/Safe Harbor/Privacy Shield
On November 3, 2020, California voters passed the California Privacy Rights Act (CPRA) ballot initiative with slightly under 60% of votes to approve the measure (as of publication). The ballot initiative, which was submitted by the architects of the California Consumer Privacy Act of 2018 (CCPA), had earlier garnered 900,000 signatures—far more than the roughly...
By Laura E. Jehl, Jonathan Ende and Amy C. Pimentel on Oct 21, 2020
Posted In Consumer Protection, Cybersecurity, Data Privacy, Data Transfers/Safe Harbor/Privacy Shield, Telehealth
On October 12, 2020, the California Department of Justice announced the release of a new, third set of proposed modifications to the California Consumer Privacy Act (CCPA) regulations. The proposed modifications amend a final set of regulations that were approved by the California Office of Administrative Law just two months earlier. The Third Set of...
By Laura E. Jehl, Amy C. Pimentel and Austin Mooney on Jun 29, 2020
Posted In Consumer Protection, Data Privacy
Although 2020 has already provided more than its share of surprises for businesses, one thing appears to remain unchanged: the California attorney general’s commitment to enforcing the California Consumer Privacy Act beginning July 1, 2020. As companies work to ensure compliance with this legislation, we explore several key issues. No one will disagree that a...
By Laura E. Jehl, Amy C. Pimentel and Austin Mooney on Jun 26, 2020
Posted In Consumer Protection, Data Privacy
A proposed ballot initiative in California known as the California Privacy Rights Act, which is likely to pass if placed on the 2020 ballot, would both clarify and expand the existing California Consumer Privacy Act. Companies doing business in the state should closely monitor these developments and prepare for compliance, as we outline in this...
By Amy C. Pimentel on Jan 20, 2020
Posted In Consumer Protection, Data breach, Data Privacy
Minimal Changes Expected to the Final Regulations On October 10, 2019, the Attorney General issued his Proposed Text of Regulations, along with a Notice of Proposed Rulemaking Action and Initial Statement of Reasons. According to the Attorney General, the regulations will “benefit the welfare of California residents because they will facilitate the implementation of many components of the CCPA” and...
By Amy C. Pimentel, Austin Mooney and Wendy Zhang on Jan 17, 2020
Posted In Advertising & Marketing, Consumer Protection, Data Privacy, Ecommerce, Email/Spam, Social Media
The California Consumer Privacy Act (CCPA) requires businesses who engage in sales of personal information, to offer consumers the right to opt out of such sales through a “Do Not Sell My Personal Information” link or button on their websites. These “Do Not Sell” obligations present a particularly thorny question for businesses that participate in...
By Amy C. Pimentel and Mark E. Schreiber on Nov 5, 2018
Posted In Cybersecurity, Data Privacy, General Interest
The General Data Protection Regulation (GDPR) was the biggest story of 2018 in the field of global privacy and data protection. The GDPR became enforceable in European Union Member States on May 25, 2018, significantly expanding the territorial reach of EU data protection law and introducing numerous changes that affected the way organizations globally process...
By Matthew R. Cin, Li Wang, Jonathan Ende, Daniel F. Gottlieb, Amy C. Pimentel and Michael G. Morgan on Jun 29, 2018
Posted In Cybersecurity, Data Privacy
California’s Senate and Assembly unanimously approved AB 375 (also known as the California Consumer Privacy Act of 2018), on June 28, 2018. This new consumer privacy bill will be the most progressive and comprehensive privacy law in the United States, reaching far beyond California’s borders to give California consumers more visibility and control over their...
The Continuing Disconnect between the Health Care Industry and OCR on HIPAA’s Risk Analysis Requirement
By David Quinn Gacioch, Amy C. Pimentel and Edward G. Zacharias on May 6, 2018
Posted In Cybersecurity, Data Privacy, Telehealth
Lack of a sufficient risk analysis continues to be one of the most commonly alleged violations in Office for Civil Rights (OCR) HIPAA enforcement actions, appearing in half of all OCR settlements announced in the last 12 months and in almost all of the $1 million-plus settlements during that time period. Significant confusion remains across...
By McDermott Will & Emery, Amanda Enyeart, Anisa Mohanty, Amy C. Pimentel, Bernadette M. Broccolo, Dale C. Van Demark, Jiayan Chen, Lisa Mazur, Marshall E. Jackson, Jr., Michael W. Ryan, Ryan S. Higgins, Scott Weinstein and Vanessa K. Burrows on Mar 20, 2018
Posted In Big Data, Cloud, Consumer Protection, Data Privacy, General Interest, Telehealth
Designed to provide business leaders and their key advisors with the knowledge and insight they need to grow and sustain successful digital health initiatives, we are pleased to present The Law of Digital Health, a new book edited and authored by McDermott’s team of distinguished digital health lawyers, and published by AHLA. Visit www.mwe.com/lawofdigitalhealth to order this...