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Expert Q&A The California Privacy Rights Act of 2020

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Purvi Patel and Mary Race published a Practical Law Expert Q&A about California’s recent passage of Proposition 24, an initiative on the November 3, 2020 ballot to enact the California Privacy Rights Act of 2020 (CPRA).

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Purvi Patel and Mary Race published a Practical Law Expert Q&A about California’s recent passage of Proposition 24, an initiative on the November 3, 2020 ballot to enact the California Privacy Rights Act of 2020 (CPRA).The California Privacy Rights Act of 2020 (CPRA) is a law that amends the recently-enacted California Consumer Privacy Act of 2018 (CCPA). Like the CCPA, the CPRA protects the privacy rights and interests of consumers, which it defines as all California residents. Broadly speaking, the CPRA expands the scope and applicability of the CCPA while introducing new privacy protections that extend above and beyond those included in the CCPA and its implementing regulations. The CPRA also establishes a new enforcement body, the California Privacy Protection Agency, and requires additional rulemaking on a number of issues. The CPRA’s substantive obligations imposed on businesses become operative on January 1, 2023, and enforcement can begin on July 1, 2023.Read the <a target="_blank" href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blta64c1cfc8ba2e37d/6273ee7123c6cf2a1c3b0e14/201221-expert-california-privacy-rights-act-2020.pdf">full article</a> in Practical Law.

Expert Q&A The California Privacy Rights Act of 2020

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Purvi G. Patel is the former managing partner of the Los Angeles office.Purvi represents retail, e-commerce, and other consumer-oriented businesses in significant advertising, unfair competition, consumer fraud, and privacy matters. She has built a robust practice advising household names on various compliance issues and defending them in complex and class action litigation in federal and state courts across the country, winning motions to dismiss, defeating class certification, and securing summary disposition in several multi-million dollar lawsuits. Purvi is a strategic and practical thinker who is in tune with her clients’ priorities, which leads to successful outcomes both inside and outside the courthouse.Practice Leader. Purvi has a defined niche that cuts across the firm’s Consumer Litigation, Class Actions, and Privacy + Data Security Groups. With a focus on businesses’ collection of personally identifiable information (PII), Purvi is a recognized leader in defending lawsuits involving the collection, use, and disclosure of PII. In addition, due to her vast experience handling class action litigation for clients across sectors, Purvi has notched significant victories for industry-leading companies, including securing summary judgment and defeating class certification in some of the most plaintiff-friendly jurisdictions nationwide.Owing to her extensive litigation experience, Purvi is uniquely positioned to counsel clients on compliance with established and emerging laws and regulations, including the potential privacy implications of business practices relating to the collection of PII. Purvi is the firm’s expert regarding California’s Song-Beverly Credit Card Act and analog statutes in effect in other states, and she is at the forefront of the California Consumer Privacy Act of 2018 (CCPA), the most expansive piece of privacy legislation in U.S. history. Purvi was among the first lawyers to issue a comprehensive alert on its passage and presented a “concise, efficiently laid out, informative and practical” webinar on key compliance measures that drew more than 900 attendees. As a result of her demonstrated expertise, Purvi is advising a number of household name companies across multiple industries on the CCPA’s operational impact.Purvi is also committed to the firm’s pro bono initiatives and has worked on a number of pro bono matters during her tenure at the firm. Most recently, she represented an interfaith coalition of more than 50 religious organizations as amici in various cases challenging the 2017 “travel ban” Executive Orders. In 2014, Purvi successfully argued a Ninth Circuit appeal on behalf of a U.S. citizen who was wrongfully subjected to two years of pre-trial detention as a result of a detainer imposed by U.S. Immigration and Customs Enforcement (Mendia v. Garcia, 768 F.3d 1009 (9th Cir. 2014)).Firm Leader. Purvi is committed to advancing diversity at Morrison & Foerster. For more than five years, she served as the Co-Chair of the firm’s Diversity Strategy Committee. During her tenure, Purvi contributed significantly to the Committee’s success, including achieving Mansfield Certification Plus four times, implementing a LGBTQ+ Gender Inclusive Policy, and launching MoFo’s innovative Allies Network. She was the firm’s Leadership Council on Legal Diversity (LCLD) Fellow in 2014 and remains active in the organization as an alumna. In addition, Purvi served as hiring partner for the Los Angeles office between 2015 and 2023.Community Leader. Purvi is also actively engaged in the community. In 2019, she was a founding board member of Legal Education Access Pipeline (LEAP), a fellows program dedicated to increasing access to legal education for underrepresented populations.  She has also been working with “Just the Beginning – A Pipeline Organization” (JTB) since 2015 when she joined an inaugural steering committee of judges, in-house and outside counsel, and educators to launch a Los Angeles-based Summer Legal Institute. She is a past co-president of the South Asian Bar Association of Southern California (SABA-SC), and in 2023, was honored with its Trailblazer award. She was selected for her “trailblazing efforts which have paved the way for a more inclusive and representative profession” and “her commitment to breaking barriers in the legal profession.” In 2019, Purvi was named SABA-SC’s Mentor of the Year.Representative Matters<ul><li>Privacy Class Action Litigation. Defending software development company in two putative class actions brought under state common law based on alleged violations of the federal Children’s Online Privacy Protection Act. Obtained dismissal of putative privacy class action against Southern California grocery store chain, which was affirmed on appeal. </li><li>Class Action Litigation Relating to Consumer PII. Represented national retailers in more than 30 California Song-Beverly Credit Card Act and Massachusetts’ Song-Beverly analog matters arising out of the alleged collection of PII, securing favorable settlements or walkaways for many following early negotiations with plaintiffs’ counsel. Trial attorney for national retailers in two Song-Beverly class actions. For Target Corporation, led pre-MDL team coordinating and managing responses to single-plaintiff and putative class action complaints filed in wake of data breach.</li></ul><ul><li>False Advertising and Consumer Class Action Litigation. Defeated class certification for household-name companies in numerous matters involving consumer protection claims arising out of alleged misrepresentations and omissions as well as lawsuits brought under unfair competition, false advertising, and product liability laws. Also obtained dismissals at the pleadings stage in cases alleging unfair, unlawful, and fraudulent marketing and advertising practices.</li></ul>

Purvi Patel

Partner

Mary Race assists clients with a wide range of challenging privacy compliance and data security matters. Her practice focuses on managing privacy risks and helping clients develop and implement comprehensive privacy programs across a variety of industries, including tech, retail, manufacturing, advertising, social media, and communications.Mary is a go-to source of guidance on the California Consumer Privacy Act (CCPA) and other state privacy laws, as well as a thought leader on the complexities of these laws, offering clients practical compliance advice. She also counsels clients on privacy matters worldwide, including advising one of the world’s largest international companies on deploying new technologies in 40+ jurisdictions.Mary works on high-profile M&A transactions for multinational clients, such as Salesforce, the global leader in customer relationship management. She frequently advises cutting-edge startups as well as tech industry and social media giants on the privacy and data security aspects of their platforms, products, and services.Mary has a history of commitment to pro bono service. In law school, she volunteered for Pro Bono Students Canada, with a focus on environmental law and social justice.  She continues her pro bono work at MoFo, where she argued an appeal for a pro bono client before the U.S. Court of Appeals for the District of Columbia Circuit and supports pro bono clients in building out their privacy programs.Following her studies at McGill University’s Faculty of Law, Mary served as a law clerk to the Honorable Justice Louis LeBel of the Supreme Court of Canada. Prior to joining the firm, Mary was a development consultant for Human Rights Watch and taught writing at the University of Southern California.Mary is also an accomplished pianist and organist.

Mary Race

Of Counsel

Privacy + Data Security