Michael Leotta

🚨Client Alert: The Maryland Online Data Privacy Act (#MODPA) makes Maryland the seventeenth state to enact a comprehensive #dataprivacylaw, which includes unique provisions and exemptions and grants enforcement authority to Maryland's Division of Consumer Protection, effective October 1, 2025. Chris Dodson, Daniel B. Kilburn, and Aline Peres Martins have all the details. (Read more via link in comments.) #marylandlaw #cozenoconnor #dataprivacy #technologylaw‍‍‍‍‍‍‍

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VERMONT Privacy Bill Veto Governor Scott has vetoed H.121 over concerns regarding the bill’s limited private right of action and the overall impact of the bill on the state’s businesses. The legislature is set to meet next week to debate the several vetoes the governor has issued. At this point, the early indications are that a veto override is likely in the House, but its prospects in the Senate are uncertain. As you may recall, H.121 underwent some back-and-forth amendments between the House and Senate and passed both chambers on the final day of the session. Last-minute deals included a limited private right of action (PRA) that becomes effective 1/1/27 and is repealed 1/1/29 to force legislative action. The PRA is the existing one in Vermont’s Consumer Protection chapter and is solely related to sensitive information and protected health care information violations committed by data brokers and large data holders with more than 100.000 customers in Vermont. This timeframe also creates the opportunity to revisit this issue prior to going into effect. Another notable change was a narrow entity level exemption for HIPAA covered entities. House 121 contains a new Vermont Data Privacy Act that will govern the scope of nonpublic personal information collected by various entities, the use of that information consistent with permitted purposes, use beyond those permitted purposes absent consumer permission, and enforcement measures. The Act contains numerous exemptions for information and use subject to privacy laws and regulations contained in federal or State law, including entity and data level exemptions for insurers and financial institutions.

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💼 𝐓𝐡𝐞 𝐈𝐦𝐩𝐨𝐫𝐭𝐚𝐧𝐜𝐞 𝐨𝐟 𝐂𝐲 𝐏𝐫𝐞𝐬 𝐀𝐰𝐚𝐫𝐝𝐬: 𝐒𝐮𝐩𝐩𝐨𝐫𝐭𝐢𝐧𝐠 𝐂𝐢𝐯𝐢𝐥 𝐋𝐞𝐠𝐚𝐥 𝐀𝐢𝐝 💼 In Connecticut, cy pres awards play a crucial role in enhancing access to justice for those in need. These awards, which allocate unclaimed class action settlement funds, are essential in supporting civil legal aid programs that serve our community's most vulnerable members. The Connecticut Supreme Court amended Sec. 9-9 of the Connecticut Superior Court Rules in 2014 to state that in the absence of a designation, “the residual funds shall be disbursed to the organization administering the program for the use of interest on lawyers’ client funds pursuant to General Statutes 51-81c for the purpose of funding those organizations that provide legal services for the poor in Connecticut.” When class action attorneys designate the Connecticut Bar Foundation as a recipient of these residual class action funds it allows us to channel resources directly into programs that provide legal assistance to individuals who cannot afford it. From ensuring fair representation in court to offering guidance on complex legal issues, these funds help with issues such as housing, public benefits, physical safety and access to healthcare. By supporting the Connecticut Bar Foundation through cy pres awards, you are helping to uphold the principle of equal justice for all. #CyPres #LegalAid #AccessToJustice #ConnecticutBarFoundation #CivilLegalAid

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🚨 New New Jersey Criminal Defense Opinion! 🚨 In today's decision of "State v. Brandon M. Washington (A-29-22)", the New Jersey Supreme Court takes a significant step in refining the legal landscape of eyewitness identification. Extending the principles of the pivotal "State v. Henderson" case, this opinion meticulously addresses the complexities surrounding eyewitness identification during trial preparation. Key highlights include: 🟢 Extension of Due Process Safeguards: The court decisively extends the Henderson safeguards to trial preparation, emphasizing the protection of a defendant’s right to due process against the risks of misidentification. 🟢 Avoiding Suggestive Identification: The ruling underscores the importance of avoiding suggestive identification practices and outlines protocols for presenting photos to witnesses. 🟢 Striking a Balance: It provides critical guidance on balancing the need for thorough trial preparation with safeguarding the integrity of eyewitness identifications. 🟢 Impact on Future Cases: This decision is poised to reshape trial preparation procedures, ensuring fairness and accuracy in the judicial process. For a detailed understanding of how this impacts criminal defense strategies and the rights of the accused, download the full judicial opinion. 👨‍⚖️ At the Bianchi Law Group, our team of former prosecutors is deeply knowledgeable in criminal defense and due process rights. We're prepared to offer insightful guidance and formidable defense strategies. 📞 For immediate assistance, call us at 862-292-4501. Let's discuss how this significant ruling can impact your case and how we can provide the strongest defense possible. No aspect of this advertisement has been approved by the Supreme Court of #NewJersey  #CriminalDefense #FormerProsecutors #LegalUpdate #JusticeSystem #NewJerseyLaw #EyewitnessIdentification #BianchiLawGroup 🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert (Bob) Bianchi, Esq. David Bruno, Esq. Christina Hall Danielle Esposito Christopher A. Eaton, Esq. Tricia Howarth Margolis Esq. Maura Lynch Robert Esnes

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