"I expect to see an increased focus on GenAI-specific inquiries in the due diligence process and corresponding representations and warranties in purchase and merger agreements. Governing legal terms and conditions vary...more
12/8/2023
/ Acquisitions ,
Artificial Intelligence ,
Automation Systems ,
Bots ,
Copyright ,
Cybersecurity ,
Emerging Technology Companies ,
Infringement ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Mergers ,
Patents ,
Telecommunications ,
Trade Secrets ,
Trademarks
In the rapidly-evolving AI space, the last few days of this week saw significant AI developments occur perhaps even faster than usual. For example, seven AI companies agreed to voluntary guidelines covering AI safety and...more
On May 19, 2022, the Department of Justice (DOJ) announced that it had revised its policy regarding prosecution under the federal anti-hacking statute, the Computer Fraud and Abuse Act (CFAA). Since the DOJ last made changes...more
An Article addressing key privacy and data security developments in 2021 and likely trends for 2022, including federal and state regulation and enforcement. This Article also discusses private litigation related to data...more
3/16/2022
/ Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Protection ,
Data Security ,
Enforcement Actions ,
Hackers ,
Internet of Things ,
Ransomware ,
Regulatory Agencies ,
SCOTUS
The concept of the “metaverse” has garnered much press coverage of late, addressing such topics as the new appetite for metaverse investment opportunities, a recent virtual land boom, or just the promise of it all, where...more
12/3/2021
/ Antitrust Provisions ,
Artificial Intelligence ,
Augmented Reality ,
Blockchain ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Data Privacy ,
Digital Assets ,
Digital Currency ,
Digital Platforms ,
E-Commerce ,
Goods or Services ,
Information Technology ,
Innovative Technology ,
Intellectual Property Protection ,
Internet ,
Popular ,
Virtual Reality
Last week, the Italian data protection authority (the “GPDP”) opened an investigation after reports that a dataset allegedly containing data compiled from 500 million LinkedIn profiles and other websites was available for...more
As reported last week, it appears that a state-sponsored security hack has resulted in a major security compromise in widely-used software offered by a company called SolarWinds. The compromised software, known as Orion, is...more
12/22/2020
/ Cyber Attacks ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Security ,
Hackers ,
Incident Response Plans ,
Popular ,
Risk Mitigation ,
SolarWinds ,
Supply Chain
As reported last week, a state-sponsored hacker may have breached multiple U.S. government networks through a widely-used software product offered by SolarWinds. The compromised product, known as Orion, helps organizations...more
12/22/2020
/ Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Security ,
Dual Purpose ,
Due Diligence ,
Hackers ,
Incident Response Plans ,
Popular ,
Risk Assessment ,
SolarWinds
Last week, hiQ Labs, Inc. (“hiQ”) filed its brief urging the Supreme Court to deny LinkedIn Corp.’s (“LinkedIn”) petition for a writ of certiorari in the Ninth Circuit’s blockbuster ruling in hiQ Labs, Inc. v. LinkedIn Corp.,...more
This past March, many organizations were forced to suddenly pivot to a “work from home” environment (“WFH”) as COVID-19 spread across our country. However, many companies did not have the necessary technical infrastructure in...more
In early February 2020, before most of us were truly aware of the implications of COVID-19, a well-respected IT consulting group predicted a $4.3 trillion global spend on information technology in 2020. Drivers of the...more
4/7/2020
/ Cloud Computing ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Protection ,
Information Technology ,
Infrastructure ,
Innovative Technology ,
Investment Funds ,
Remote Working ,
Risk Management ,
SaaS ,
Telecommuting
With the spread of the novel coronavirus (COVID-19), many organizations are requiring or permitting employees to work remotely. This post is intended to remind employers and employees that in the haste to implement widespread...more
3/13/2020
/ Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Protection ,
Infectious Diseases ,
Phishing Scams ,
Public Health ,
Remote Working ,
Risk Management ,
Telecommuting
This past week, LinkedIn filed a petition for a writ of certiorari asking the Supreme Court to overturn the Ninth Circuit’s blockbuster ruling in hiQ Labs, Inc. v. LinkedIn Corp., 938 F.3d 985 (9th Cir. 2019). The case...more
As part of the response to the outbreak of COVID-19, many organizations are working on contingency and business continuity plans that include an all-employee “work-from-home” scenario. If it becomes necessary to implement...more
3/10/2020
/ Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Protection ,
Infectious Diseases ,
Phishing Scams ,
Public Health ,
Remote Working ,
Risk Management ,
Telecommuting
On February 19, 2020, the European Commission (Commission) released a communication entitled “A European strategy for data”. It lays out a vision for a “European data space” and a plan – through legislation, technical...more
As 2019 came to a close, we looked ahead into 2020 and noted that data would continue to be a huge issue for the digital economy. We have not been disappointed. On February 19, 2020, the European Commission (the “Commission”)...more
Epic Games, Inc. (“Epic”) is the publisher of the popular online multiplayer videogame Fortnite, released in 2017. In recent years, Fortnight has gained worldwide popularity with gamers and esports followers (culminating in...more
On January 7, 2020, the Securities and Exchange Commission (“SEC”)’s Office of Compliance Inspections and Examinations (OCIE) released its 2020 examination priorities. The majority of OCIE’s priorities for the coming year...more
1/16/2020
/ Blockchain ,
Compliance ,
Cybersecurity ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
FinTech ,
OCIE ,
Registered Investment Advisors ,
Retail Investors ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC)
On January 7, 2019, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) announced its 2020 examination priorities. In doing so, OCIE identified certain areas of technology-related...more
On January 7, 2019, the federal Office of Management and Budget (OMB) released a draft of a memorandum setting forth guidance to assist federal agencies in developing regulatory and non-regulatory approaches regarding...more
1/9/2020
/ Artificial Intelligence ,
Cybersecurity ,
Data Privacy ,
Draft Guidance ,
Government Agencies ,
NIST ,
OMB ,
Privacy Laws ,
Proposed Regulation ,
Public Comment ,
Rulemaking Process
t is that time of year when we look back to see what tech-law issues took up most of our time this year and look ahead to see what the emerging issues are for 2020.
Data: The Issues of the Year -
Data presented a wide...more
12/24/2019
/ 5G Network ,
Artificial Intelligence ,
Big Data ,
Blockchain ,
California Consumer Privacy Act (CCPA) ,
CFIUS ,
Communications Decency Act ,
Consumer Privacy Rights ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Security ,
Deep Fake ,
Distributed Ledger Technology (DLT) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Machine Learning ,
Popular ,
Privacy Laws ,
Social Media ,
Technology Sector
On Friday, the WSJ published an article detailing how companies are monetizing smartphone location data by selling it to hedge fund clients. The data vendor featured in the WSJ article obtains geolocation data from about...more
11/7/2018
/ Anti-Fraud Provisions ,
Breach of Contract ,
Computer Fraud and Abuse Act (CFAA) ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Electronic Communications ,
Fund Managers ,
Material Nonpublic Information ,
Personally Identifiable Information ,
Popular ,
Smartphones
There has been a lot of attention in the media lately with respect to the Facebook/Cambridge Analytica issue and its fall-out (including today’s coverage of the announcement that Facebook suspended almost 200 apps pending a...more
5/17/2018
/ Apple ,
Cambridge Analytica ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Facebook ,
Mobile Apps ,
Personally Identifiable Information ,
Privacy Concerns
2018 promises great inroads in the realm of “quantum computing.” While conventional computers use binary data or bits (i.e., 0s and 1s) to store and process information (a bit can either store a 0 or 1), a quantum computer...more
As we approach the end of 2017, it is a time to reflect on the dizzying pace of technology evolution this year, and the amazing array of legal issues it presented. Similarly, it is a time to look forward and anticipate what...more
12/21/2017
/ Artificial Intelligence ,
Biometric Information Privacy Act ,
Blockchain ,
Communications Decency Act ,
Cybersecurity ,
DMCA ,
Emerging Technology Companies ,
EU ,
General Data Protection Regulation (GDPR) ,
Initial Coin Offering (ICOs) ,
Popular ,
Technology Sector ,
Uniform Commercial Code (UCC)