Algorithms

News & Analysis as of

Retailers - can you be liable for cartel behaviour for using pricing software and algorithms?

A key issue regulators are grappling with is what antitrust liability can attach to retailers who use price matching software or other algorithms to match competitors’ online prices? In a speech made on 16 March 2017,...more

EU antitrust enforcement 2.0 – European Commission raises concerns about algorithms and encourages individual whistleblowers

The European Competition Commissioner Margrethe Vestager has emphasised two important developments for EU antitrust enforcement, which have emerged from technological advancements: The Commission is taking proactive...more

Lawmaker seeks CFPB fair lending investigation of fintech small business lenders

A Democratic congressman has raised concerns about potentially discriminatory lending practices used by fintech companies that extend credit to small businesses, calling on the CFPB “to vigorously investigate whether [such...more

Recursive and Iterative Algorithms in Patent Claims

Some inventions operate in a recursive or iterative manner. This could be so of a machine that repeats actions or functions on a single article or to produce multiple articles, or operates on data. ...more

Forgetting about the Other Side of the Law is Criminal: eDiscovery Case Law

In our webcast on Wednesday titled What Every Attorney Should Know About eDiscovery in 2017, we covered (as we always do) several key cases that established eDiscovery best practices and trends (and a few with litigants...more

Pulse Nightclub Shooting Lawsuit May Show Path Around the Communications Decency Act

I previously posted Facebook Fake News Problem May Impact Businesses Operating Open Web Sites on why the controversy over fake news stories on Facebook may cause concern for businesses operating open websites, although such...more

Algorithms and bias: What lenders need to know

The algorithms that power fintech may discriminate in ways that can be difficult to anticipate—and financial institutions can be held accountable even when alleged discrimination is clearly unintentional....more

Managing global telecom supply chains – What telecommunications companies need to know about trade control laws

Maintaining a global supply chain brings its share of commercial, financial, and regulatory risks. Increasingly, telecommunications companies with global operations and suppliers are finding that U.S. trade control laws...more

What is De-Duplication and How Do I Do It?

When collecting electronically stored information (“ESI”) from multiple custodians (i.e., various individuals/ different sources), there will necessarily be duplicative documents collected in the process. In company-wide...more

The Age of “Big Data”: How Your Electronic Applicant Searches May Be Complicating Your Talent Search

How do you hire only the “best” employees? How does any employer find the time to “vet” the hundreds or even thousands of job seekers applying for positions? A number of employers have turned to “big data” – the use of...more

"They Can't Do That To Our Pledges; Only We Can Do That To Our Pledges”: Admiral, Big Data, Privacy, and The Internet of Things

Anyone who has ever bought insurance, resented the premium, contested a claim denial, or piled up hours and papers dealing with insurers would welcome anything that promised to lower their rates. Admiral, a British insurer...more

Littler’s Zev Eigen Speaks on Use of Big Data in Employment Decisions at NYU Law School Conference on AI, People Analytics, &...

On October 17, 2016, NYU School of Law’s Center on Labor & Employment Law empaneled Littler’s Global Director of Data Analytics Dr. Zev J. Eigen, U.S. Equal Employment Opportunity Commission Chair Jenny R. Yang, and Professor...more

Littler’s Marko Mrkonich Testifies at EEOC Meeting on Implications of Big Data in Employment

On October 13, 2016, the U.S. Equal Employment Opportunity Commission empaneled a group of Big Data experts, including Littler Shareholder Marko Mrkonich, to discuss the use of data analytics in hiring, performance...more

Use of Big Data Has Implications for Equal Employment Opportunity, Panel Tells EEOC

Public Commission Meeting Hears from Experts on Growing Use of Algorithms to Make Employment Decisions - WASHINGTON - Big Data-the use of algorithms, "data scraping" of the internet, and other means of evaluating tens...more

Employment Law Navigator – Week in Review: September 2016 #4

Last week, 21 states filed a lawsuit challenging the Department of Labor’s new overtime rules. Within hours, another suit was filed by the U.S. Chamber of Commerce and business groups. The lawsuits contend that the Department...more

Employment Law Navigator – Week in Review: September 2016 #2

Last week, as we learned that the CIA has invested in another Big Data analytics startup, new headlines and commentary addressed the dangers of hidden bias in technology. LinkedIn changed its search algorithm after the...more

2016 Mid-Year Global Cartel Enforcement Report

Cartel enforcement activity promises to remain busy In the coming months and into 2017 Cartel enforcement remains a priority for competition authorities around the world. Global cartel fines totaled more than $6...more

Lawsuit by Algorithm, the Latest Big Data Rage

Algorithms and bots run our lives; we just may not know it. They help choose our music, buy our diapers and tell us when it’s time to change the water filter. Algorithms may someday determine when you or your company gets...more

What Are Custom Algorithms, and Why Do They Matter for Legal and Compliance Risk Management?

When you last visited your favorite social media site or browsed the Internet using your search engine of choice, targeted advertisements and links probably appeared. You may have been shopping for a t-shirt on one site, only...more

New York Federal Court Refuses To Enforce Arbitration Clause In Internet Contract

This case involves a putative class action filed in federal court in New York in 2015 by Spencer Meyer against Travis Kalanick, the founder of Uber Technologies, Inc., alleging that Kalanick “orchestrated and participated in...more

Your daily dose of financial news - The Brief – 8.25.16

US regulators are “ramping up oversight” of Swift—the financial messaging system used throughout global finance that’s been a key conduit for hackers in recent attacks of Bangladeshi and Ecuadorian banks....more

European Restrictions on Computer Profiling

On May 25, 2018, the EU General Data Protection Regulation (GDPR) will come into effect requiring companies that process personally identifiable information of EU residents to comply with a significant number of enhanced...more

Employment Law Navigator – Week in Review: August 2016

Contrary to the EEOC’s position that sexual orientation discrimination is protected by Title VII’s prohibition on gender discrimination, the Seventh Circuit Court of Appeals held last week that existing law does not support...more

Algorithms and the Perception of Bias

On Saturday, July 23, Facebook acknowledged its anti-spam systems had briefly and accidentally blocked links to WikiLeaks files containing internal Democratic National Committee (DNC) emails. WikiLeaks had released 19,000...more

ACLU Suing To Limit The Scope Of The Computer Fraud And Abuse Act And Promote Research Of Online Discrimination

On June 29, 2016, the American Civil Liberties Union filed a lawsuit against Loretta Lynch in her official capacity as the United States Attorney General to challenge the constitutionality of a provision of the Computer Fraud...more

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Cybersecurity

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