In the absence of a federal privacy bill, nearly 20 states have passed comprehensive privacy laws. On July 1, three of these states — Florida, Oregon, and Texas — have new laws going into effect, with Montana’s effective in...more
Recently, the US Department of Homeland Security’s (DHS) Cybersecurity & Infrastructure Security Agency (CISA) issued a notice of proposed rulemaking (NPRM) which, if adopted, would require “covered entities” of critical...more
The US Senate’s Bipartisan AI Policy Roadmap is a highly anticipated document expected to shape the future of artificial intelligence (AI) in the United States over the next decade. This comprehensive guide, which complements...more
5/20/2024
/ Artificial Intelligence ,
Congressional Investigations & Hearings ,
Disclosure Requirements ,
Intellectual Property Protection ,
Investigations ,
Investment ,
Liability ,
Machine Learning ,
Name and Likeness ,
Privacy Laws ,
Research and Development ,
Transparency
With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year.
In 2024, media and entertainment businesses will focus on whether the longstanding tenet...more
3/27/2024
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Authorship ,
Business Development ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Copyright ,
Copyright Office ,
Defamation ,
Entertainment Industry ,
EU ,
Fair Use ,
General Data Protection Regulation (GDPR) ,
Jack Daniels Properties Inc v VIP Products LLC ,
Machine Learning ,
Media ,
MLB ,
NBA ,
NHL ,
SCOTUS ,
UK ,
USPTO
As 2024 gets underway, the nonprofit sector will continue to face new challenges in addition to grappling with ongoing challenges that continue to impact the sector. Our interdisciplinary team, serving thousands of nonprofits...more
3/5/2024
/ 501(c)(3) ,
501(c)(4) ,
Artificial Intelligence ,
California Privacy Protection Agency (CPPA) ,
Compliance ,
Crowdfunding ,
Department of Labor (DOL) ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Fundraisers ,
Independent Contractors ,
Intellectual Property Protection ,
IRS ,
Liability ,
Machine Learning ,
NAICS ,
Nonprofits ,
Office of Foreign Assets Control (OFAC) ,
Privacy Laws ,
Ransomware ,
SNDAs ,
Tax Exemptions
2023 was a pivotal year for the emerging companies, creating new categories of winners and losers across the board. Emerging companies incorporating artificial intelligence or that have clear line of sight to positive cash...more
2/20/2024
/ Acquisitions ,
Artificial Intelligence ,
Corporate Executives ,
Corporate Transparency Act ,
Down Rounds ,
Early Stage Companies ,
Emerging Growth Companies ,
Entrepreneurs ,
Estate Planning ,
Federal Trade Commission (FTC) ,
Financing ,
FinCEN ,
FTC Endorsement Guidelines ,
Funding ,
Intellectual Property Protection ,
Investors ,
Mergers ,
Non-Compete Agreements ,
Proposed Rules ,
Ransomware ,
Reporting Requirements ,
Social Media ,
Startups ,
The Copyright Act ,
Venture Capital ,
Wage and Hour ,
Websites
After seemingly bouncing back from the challenges posed by the COVID-19 pandemic and related labor, supply chain, and governmental mandate issues, the hospitality industry experienced a year of volatility in 2023, with...more
2/16/2024
/ Artificial Intelligence ,
Corporate Transparency Act ,
Debt ,
Employee Definition ,
Employee Retention ,
FinCEN ,
Hospitality Industry ,
Insurance Industry ,
Liability ,
Minimum Wage ,
NLRB ,
Popular ,
Ransomware ,
Real Estate Market ,
Reporting Requirements ,
Restaurant Industry ,
Supply Chain ,
Tax Credits ,
Tipped Employees
2023 was a pivotal year for the beverage and food industry globally, creating new categories of winners and losers across the board. With a full year of operations largely relieved of pandemic-era restrictions, restaurant...more
2/15/2024
/ Acquisitions ,
Artificial Intelligence ,
Beverage Manufacturers ,
Corporate Transparency Act ,
Estate Planning ,
Food Manufacturers ,
Investors ,
Mergers ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Office of Foreign Assets Control (OFAC) ,
Ransomware ,
Reporting Requirements ,
Restaurant Industry ,
Social Media ,
Unions ,
Wage and Hour
The fashion and retail industry experienced another year of considerable change in 2023. As advancements in artificial intelligence (AI) spurred innovation within the industry, consumers and regulators worldwide called for...more
1/30/2024
/ Acquisitions ,
Artificial Intelligence ,
California ,
Class Action ,
Consumers ,
Copyright Infringement ,
Corporate Transparency Act ,
Due Diligence ,
E-Commerce ,
Environmental Social & Governance (ESG) ,
Fabrics ,
Fair Use ,
Fashion Industry ,
FinCEN ,
Forced Labor ,
FTC Act ,
FTC Endorsement Guidelines ,
Initial Public Offering (IPO) ,
Innovation ,
Labor Code ,
Luxury Goods ,
Machine Learning ,
Mergers ,
New Legislation ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Professional Regulators ,
Ransomware ,
Real Estate Market ,
Reporting Requirements ,
Retailers ,
Sustainability ,
The Copyright Act
As we enter the final quarter of 2023, the ArentFox Schiff Hospitality Industry group has identified several opportunities and challenges that could impact the hospitality industry, including issues related to artificial...more
Artificial intelligence (AI) burst into the public consciousness less than one year ago, with OpenAI’s highly successful public release of ChatGPT. Since then, AI-enabled products and services have proliferated throughout the...more
10/19/2023
/ Advertising ,
Algorithms ,
Appropriation Act ,
Artificial Intelligence ,
Automation Systems ,
Bureau of Consumer Protection ,
Competition ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Reports ,
Data Security ,
Deep Fake ,
Department of Justice (DOJ) ,
ECOA ,
Employment Policies ,
Enforcement ,
Fair Credit Reporting Act (FCRA) ,
False Advertising ,
Federal Trade Commission (FTC) ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Popular ,
Technology Sector ,
Training
From its founding in 1914 until roughly 2018, the Federal Trade Commission (FTC) enjoyed near complete hegemony as the primary consumer protection enforcement agency in the United States. The states played an important role,...more
9/22/2023
/ AMG Capital Management LLC v FTC ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
COPPA ,
Enforcement ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Injunctive Relief ,
Misuse of Information ,
Penalties ,
Privacy Laws ,
SCOTUS ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission’s (FTC) privacy and consumer protection enforcement program is in the midst of a transformative period under the leadership of Chair Lina Kahn. Three important, and new, areas of focus this year...more
Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and...more
8/29/2023
/ Advertising ,
Artificial Intelligence ,
Automotive Industry ,
Biometric Information ,
Clean Energy ,
Clinical Trials ,
Confidentiality Policies ,
Cybersecurity ,
Data Protection ,
Data Security ,
Diagnostic Imaging Services ,
Disclosure Requirements ,
Distribution Rules ,
Driverless Cars ,
Energy Sector ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Equal Employment Opportunity Commission (EEOC) ,
Ethics ,
Family Offices ,
Fantasy Sports ,
Fashion Industry ,
Fraud and Abuse ,
Greenwashing ,
Healthcare ,
Hospitality Industry ,
Intellectual Property Protection ,
Labor Regulations ,
Life Sciences ,
Logistics ,
Long-Term Care ,
Machine Learning ,
Medical Devices ,
Medical Research ,
Nonprofits ,
Open Source Software ,
Pharmaceutical Industry ,
Popular ,
Prescription Drugs ,
Privacy Laws ,
Privately Held Corporations ,
Regulatory Agenda ,
Renewable Energy ,
Retailers ,
Software ,
Sports ,
Sports Betting ,
Technology Sector ,
Vehicle Navigation Systems
Increasingly, employers are utilizing automated systems, including artificial intelligence (AI) or machine learning, to target job advertisements, recruit applicants, and make hiring decisions. Such systems expose employers...more
8/17/2023
/ ADEA ,
Age Discrimination ,
Artificial Intelligence ,
Bias ,
Consent Decrees ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Job Ads ,
Job Applicants
The Federal Trade Commission (FTC) is more active in privacy and data security enforcement actions now than at any time in recent memory. It announces new enforcement actions almost daily, together with press releases, public...more
On July 13, 2023, The Washington Post broke the news that the Federal Trade Commission (FTC) had issued a Civil Investigative Demand (CID) — a sort of a pre-litigation subpoena as part of what is supposed to be a nonpublic...more
8/3/2023
/ Advertising ,
Artificial Intelligence ,
CID ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Disparagement ,
Enforcement ,
False Statements ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investigations ,
Machine Learning ,
Misleading Statements ,
Personal Information ,
Popular
Generative AI is already an integral part of the automotive industry, playing a significant role in enhancing Advanced Driver Assistance Systems (ADAS) and making it possible for drivers to interact with their vehicles....more
7/27/2023
/ Algorithms ,
Artificial Intelligence ,
Automotive Industry ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Data Privacy ,
Driverless Cars ,
Ethics ,
General Motors ,
Machine Learning ,
NHTSA ,
NTSB ,
Popular ,
Technology Sector ,
Vehicle Navigation Systems
In a putative class action filed on June 28, 2023, in the Northern District of California, and in other similar cases, plaintiffs allege that OpenAI, Microsoft, and their respective affiliates violated the privacy rights of...more
7/18/2023
/ Artificial Intelligence ,
Business Model ,
Computer Fraud and Abuse Act (CFAA) ,
Copyright Infringement ,
Data Privacy ,
EU ,
General Data Protection Regulation (GDPR) ,
Getty Images ,
Intellectual Property Protection ,
Machine Learning ,
Open Source Software ,
Privacy Laws ,
Putative Class Actions ,
Software ,
User-Generated Content ,
Web Scraping
Companies around the world are rushing to integrate generative artificial intelligence (GenAI) into their user interfaces to automate and deliver tailored website and application interfaces, customer service interactions, and...more
6/30/2023
/ Artificial Intelligence ,
Automation Systems ,
California Privacy Rights Act (CPRA) ,
Data Privacy ,
Enforcement ,
Federal Trade Commission (FTC) ,
Graphical User Interface ,
Investigations ,
Machine Learning ,
New Regulations ,
Popular ,
State Privacy Laws
In the United States, the principle of data minimization is embedded firmly within the Federal Trade Commission (FTC) Act, through FTC enforcement activities, and in the host of state-level privacy laws and rules that have...more
6/12/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
Data Collection ,
Disclosure Requirements ,
Enforcement ,
Federal Trade Commission (FTC) ,
FTC Act ,
Machine Learning ,
Personal Information ,
Popular ,
Privacy Laws ,
State Privacy Laws
Data protection assessments are required for high-risk processing activities in a rapidly growing set of federal, state, and international comprehensive privacy laws. These assessments are triggered by processing activities,...more
5/22/2023
/ Attorney-Client Privilege ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CDPA ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Impact Assessments ,
Personal Data ,
Privacy Laws ,
Risk Assessment ,
State Privacy Laws
On April 13, the Federal Trade Commission issued Notices of Penalty Offenses and cover letters to close to 700 advertisers of OTC drugs, homeopathic products, dietary supplements, and functional foods, putting them on notice...more
GoodRx Faces Million Dollar Proposed Penalty from FTC in First Enforcement Action Under the Health Breach Notification Rule -
Settlement reveals views on application of unfairness authority to sharing of sensitive...more
3/2/2023
/ Artificial Intelligence ,
Biometric Information Privacy Act ,
Breach Notification Rule ,
California Privacy Rights Act (CPRA) ,
Class Action ,
Data Privacy ,
Data Security ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
NIST ,
PHI ,
Risk Management ,
Rulemaking Process ,
Settlement ,
VPPA
A split Illinois Supreme Court issued on Friday another long-awaited decision interpreting the Illinois Biometric Information Privacy Act (BIPA), holding that a separate BIPA violation occurs with each undisclosed and...more