Claims relating to statements about artificial intelligence (“AI”) have rapidly become a focal point in securities litigation. Similar to the past surge of “greenwashing” claims tied to climate change disclosures, in 2024 we...more
4/1/2025
/ Artificial Intelligence ,
Initial Public Offering (IPO) ,
Misleading Statements ,
Misrepresentation ,
Pending Litigation ,
Publicly-Traded Companies ,
Rule 10b-5 ,
Securities Act of 1933 ,
Securities Exchange Act ,
Securities Fraud ,
Securities Litigation ,
Shareholders
On February 20, the Virginia legislature passed the High-Risk Artificial Intelligence Developer and Deployer Act (HB 2094), a bill that aims to prevent algorithmic discrimination by imposing requirements on businesses that...more
As the legislative season continues, some states, like Georgia and Oklahoma, have continued to progress in the efforts to establish a comprehensive data privacy law while others, such as Alabama, Illinois, and Massachusetts,...more
3/10/2025
/ Artificial Intelligence ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Fair Credit Reporting Act (FCRA) ,
FERPA ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
Privacy Laws ,
State Privacy Laws
Generative AI continued to be a hot topic for privacy-related litigation in 2024. In the US, companies using and deploying this technology saw themselves subject to lawsuits under various state and federal theories of...more
3/7/2025
/ Artificial Intelligence ,
CIPA ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Corporate Counsel ,
Data Privacy ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Pending Litigation ,
Privacy Laws ,
State Attorneys General ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices ,
Wiretapping
On January 13, 2025, the California AG’s Office (“AGO”) issued two legal advisories regarding the application of existing California law to AI generally as well as the use of AI specifically in healthcare....more
1/30/2025
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Automated Systems ,
Data Privacy ,
Discrimination ,
Enforcement Actions ,
Health Care Providers ,
Health Insurance ,
Insurance Industry ,
Privacy Laws ,
State Attorneys General
2024 was another year of substantial legislative and regulatory advances at the international, federal, and state levels with regard to data protection law. Artificial intelligence (AI) regulation continued to hurdle forward...more
1/16/2025
/ Artificial Intelligence ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
New Legislation ,
Privacy Laws ,
Proposed Legislation ,
State Attorneys General ,
State Privacy Laws
On September 25, 2024, the Federal Trade Commission (FTC) announced the launch of “Operation AI Comply,” an initiative created to tackle unfair and deceptive business practices involving the use of artificial intelligence...more
On September 18, the Texas Attorney General (AG) announced a settlement agreement with Pieces Technologies, Inc. (“Pieces”), a Dallas-based healthcare artificial intelligence (AI) research and development firm, resolving...more
10/10/2024
/ Artificial Intelligence ,
Corporate Counsel ,
Enforcement Actions ,
False Statements ,
Hospitals ,
Med Tech ,
Misleading Statements ,
PHI ,
Research and Development ,
Settlement ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
Artificial intelligence (AI) has been a hot topic in state legislatures across the country over the past year. As is common with technology-related issues, California has taken the lead in regulating the AI space. The...more
On Wednesday, May 8, the Colorado state legislature passed SB 205, a bill that is focused on preventing the discriminatory effects of high-risk artificial intelligence (AI)....more
On March 13, 2024, the European Parliament adopted the Artificial Intelligence Act (AI Act). It is considered to be the world’s first comprehensive horizontal legal framework for AI. It provides for EU-wide rules on data...more
3/15/2024
/ Artificial Intelligence ,
EU ,
European Commission ,
European Parliament ,
Extraterritoriality Rules ,
General Data Protection Regulation (GDPR) ,
Machine Learning ,
Member State ,
New Legislation ,
OECD ,
Risk Assessment ,
Technology Sector
On January 25, 2024, the Commodity Futures Trading Commission’s (CFTC) Staff issued a request for comment (RFC) on the current and potential uses and risks of artificial intelligence (AI) in the markets that the CFTC...more
On Thursday, January 25, the Federal Trade Commission’s (FTC) Office of Technology hosted the FTC Tech Summit to discuss key developments in artificial intelligence (AI). The FTC brought together thought leaders from across...more
The Federal Trade Commission (FTC) recently published a post on their Business Guidance Blog discussing lessons learned from three enforcement actions against sellers of genetic testing products. These guidelines address...more
1/25/2024
/ Advertising ,
Artificial Intelligence ,
Biometric Information ,
Civil Monetary Penalty ,
Compliance ,
Data Privacy ,
Data Security ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Genetic Testing ,
HIPAA Breach Notification Rule ,
Rite Aid ,
Sensitive Personal Information
As we have detailed previously, 2023 was a landmark year for privacy law, featuring numerous developments at the federal, state and international levels, ranging from newly enacted statutes to massive regulatory enforcement...more
1/17/2024
/ Adtech ,
Artificial Intelligence ,
Audits ,
Biden Administration ,
Breach Notification Rule ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
COPPA ,
Cybersecurity ,
Electronic Protected Health Information (ePHI) ,
Enforcement ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Popular ,
Privacy Laws ,
Proposed Legislation ,
Regulatory Requirements ,
Rulemaking Process ,
Sensitive Personal Information ,
State Privacy Laws
On December 19, 2023, the Federal Trade Commission (FTC) announced an enforcement action against the retail pharmacy Rite Aid for unfair practices associated with its use of a facial recognition technology (FRT) surveillance...more
1/15/2024
/ Artificial Intelligence ,
Biometric Information ,
Customer Privacy ,
Customers ,
Data Retention ,
Enforcement Actions ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Pharmacies ,
Retailers ,
Risk Assessment ,
Rite Aid ,
Surveillance ,
Third-Party Service Provider ,
Unfair or Deceptive Trade Practices
2023 marked a pivotal moment in US data privacy and cybersecurity, characterized by substantial regulatory and legislative advances at the international, federal, and state levels. The Federal Trade Commission (FTC) took a...more
1/8/2024
/ Artificial Intelligence ,
Breach Notification Rule ,
California Privacy Protection Agency (CPPA) ,
Compliance ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Enforcement Authority ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
International Data Transfers ,
OCR ,
PHI ,
Rulemaking Process ,
Safeguards Rule ,
Securities and Exchange Commission (SEC) ,
State Privacy Laws
On December 8, representatives from the European Commission, the European Parliament, and the Council of the European Union (EU) reached political agreement on the shape and contents of the EU’s AI Act (the “Act”), setting...more
In advance of the California Privacy Protection Agency’s (CPPA) December 8 Board meeting, the Agency has published new draft automated decisionmaking technology (ADMT) regulations, as well as revisions to draft regulations on...more
12/1/2023
/ Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Machine Learning ,
Notice Requirements ,
Opt-Outs ,
Personal Information ,
Right of Access ,
Risk Assessment
Our initial thoughts on the Biden Executive Order first appeared on WilmerHale’s Privacy and Cybersecurity Blog the day that the Executive Order was released.
On October 30, 2023, the Biden Administration issued its...more
11/13/2023
/ Artificial Intelligence ,
Biden Administration ,
Cybersecurity ,
Department of Education ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Executive Orders ,
Federal Contractors ,
Government Agencies ,
Health Care Providers ,
Intellectual Property Protection ,
National Security ,
NIST ,
Regulatory Agenda ,
Technology Sector
Today, the Biden Administration released its highly anticipated Executive Order on Safe, Secure and Trustworthy Artificial Intelligence, setting forth a broad vision of the Administration’s legal, regulatory, and policy...more
Artificial intelligence that can create new texts, images, and other content (or“generative AI”) is revolutionizing every industry, and healthcare is no exception. Doctors are experimenting with using generative AI to improve...more
10/27/2023
/ Artificial Intelligence ,
Electronic Medical Records ,
Electronic Protected Health Information (ePHI) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Facilities ,
Patient Privacy Rights ,
Privacy Concerns ,
State Privacy Laws
On Friday, September 8, the California Privacy Protection Agency (CPPA) held a public board meeting. The primary topic of discussion at this meeting was the Agency’s draft regulations on cybersecurity audits and risk...more
9/19/2023
/ Artificial Intelligence ,
Auditors ,
Audits ,
Board Meetings ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Cybersecurity ,
Data Brokers ,
Proposed Regulation ,
Public Meetings ,
Risk Assessment
On July 14, the California Privacy Protection Agency (CPPA or the “Board”) hosted a meeting to discuss key issues. Notably, the Board’s New CPRA Rules Subcommittee (“the Subcommittee”) previewed three areas of forthcoming...more
8/9/2023
/ Advisory Board ,
Artificial Intelligence ,
Audits ,
Automation Systems ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Machine Learning ,
Personal Data ,
Personal Information ,
Proposed Regulation ,
Risk Assessment
On Friday, July 21, 2023, the White House announced that seven US technology companies at the forefront of generative artificial intelligence (AI) agreed to eight voluntary commitments to “promote the safe, secure, and...more