Algorithms

News & Analysis as of

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

Summary: PAMA Final Rule

Market Based Payment for Clinical Diagnostic Laboratory Tests - Summary - On June 17, 2016 the Centers of Medicare & Medicaid Services (CMS) issued the long awaited Medicare Clinical Diagnostic Laboratory Tests...more

Social Links: Implications of Facebook’s algorithm change; branded emoji; free travel apps

The Internet is abuzz over the Facebook algorithm change. Here are the implications for marketers and publishers and for regular users. U.S. Customs wants to start collecting the social media accounts for foreign...more

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

Last week, a television reporter filed a lawsuit against her former employer alleging that she was discriminated against because she is white. The reporter was terminated following a post on her employer’s Facebook post that...more

The Mind as Computer Metaphor: Benson and the Mistaken Application of Mental Steps to Software (Part 5)

Part V. The Fictional Mental Steps Doctrine Does Not Apply To Programmed General Purpose Computers - The fictional form of the mental steps doctrine is inapplicable to digital computers and computer-implemented...more

Big Data, Background Checks, and Discrimination

On May 4, 2016, the White House released a report entitled “Big Data: A Report on Algorithmic Systems, Opportunity, and Civil Rights” to herald its focus on discrimination in “big data” assisted personnel screening...more

Treasury Department Weighs in on Online Marketplace Lending

On May 10, 2016, the U.S. Treasury Department released a white paper entitled, “Opportunities and Challenges in Online Marketplace Lending.” The white paper is the result of a request for information that elicited more than...more

3 Simple Tools to Help Optimize Your Law Firm’s Website in 2016

Creating a great website that speaks to your audience, is easy to use, and encourages interaction with your brand is no small feat. However, many companies and law firms may not realize that it’s only half the battle due to...more

The Dancing Baby Returns: Computer Algorithms, Good Faith and Fair Use

In “The Case of Prince, a Dancing Baby and the DMCA Takedown Notice,” we discussed the potential impact of the Ninth Circuit decision in Lenz v. Universal Music Corp., 801 F.3d 1126 (2015), a.k.a. the “dancing baby case,” in...more

"Dancing Baby" Decision Affects DMCA Notice-and-Takedown Provision

Ninth Circuit Amends "Dancing Baby" Decision: Lenz v. Universal Music Corp., Nos. 13-16106, 13-16107 (9th Cir. Mar. 17, 2016) - On March 17, 2016, the Ninth Circuit amended its prior opinion in the famed "Dancing Baby"...more

Mixing Employee Surveillance and Big Data

No doubt, this is big data’s time. Businesses have begun to make decisions based on data and data analytics, rather than relying on gut instincts or business acumen. Data-driven business has proven to be successful, but we...more

Ninth Circuit Does a Two-Step in “Dancing Baby” Case

While many were focused on “The Big Dance” on March 17, 2016, the 9th Circuit Court of Appeals did some “dancing” of its own. The Court issued a revised opinion in Lenz v. Universal and thereby amended what has been referred...more

Is That Recruiting Technology Compliant?

There is some cool recruiting tech out there. Swipe, for example, a Tinder-like mobile app, allows hiring managers to “swipe right” for the applicants they are interested in. It also has a built in job-matching algorithm....more

How to Design or Review an Encryption Policy

Encryption refers to the process of converting data into a form that is unreadable unless the recipient has a pre-designated algorithm, “key,” and password to convert the information into readable text. Most statutes,...more

Employment Law Navigator – Week in Review: December 7, 2015 #2

Data breaches were in the news again last week. The Association of Corporate Counsel released findings including the startling news that one-third of in-house counsel reported their organization had suffered a data breach...more

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