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Children’s Data Update: From FTC and State Agency Enforcement to KOSA Advancing the Senate

On July 7, the FTC and the Los Angeles District Attorney’s Office filed a complaint in the United States District Court for the Central District of California against the developer of an anonymous messaging app (NGL Labs,...more

Artificial Discrimination: AI Vendors May Be Liable for Hiring Bias in Their Tools

A federal court in California largely rejected the workplace screening company WorkDay’s motion to dismiss a hiring discrimination lawsuit brought against the company for its role in screening and evaluating job applicants....more

HHS Bulletin on Online Tracking Technologies Declared Unlawful: What Covered Entities and Business Associates Need to Know About...

Online tracking technologies are used by healthcare and hospital systems throughout the United States to analyze their website traffic, personalize content, and provide relevant information to website visitors, some of whom...more

From Song Beverly to CIPA: Wave of Privacy Litigation in California Targets IP Addresses

An Internet Protocol (IP) address is a unique identifier assigned to a device that is connected to a computer network. In the internet ecosystem, the IP allows a network host to communicate with a network participant and...more

ROP on the Rise: Right of Publicity Claims Will Rise as States Address AI Generated Deepfakes and Voice Cloning

Laws prohibiting the use of a person’s likeness for commercial gain have been in effect for some time, testing everything from the value of an influencer’s endorsement to “freemium” reports by people search companies....more

It’s Here – The Who, What and How of Washington’s New “My Health My Data” Act and Its Private Right of Action

Enforcement of Washington’s My Health My Data Act (MHMDA or the Act) starts now. Passed by the Washington state legislature last year and designed broadly to protect “consumer health data,” the Act is one part of a larger...more

[Webinar] A Cookieless Future and Promise of PETs: A Primer on Privacy Enhancing Technologies - March 7th, 10:00 am PT

Regulators and plaintiffs’ attorneys are increasingly focused on privacy harms related to the collection and use of personal data. Could privacy enhancing technology (PETs) be a solution to these concerns?...more

[Webinar] Privacy Litigation & Mass Arbitration Demands: How to Mitigate Risks for your Business in 2024 - January 30th, 10:00 am...

2023 saw a continued uptick in privacy litigation filings throughout the United States, with Plaintiffs counsel taking aim at cookies, session replay, video URLs, online “doxing” and the use of other online tracking...more

[Webinar] What the Biden EO on AI means for Data Privacy - November 16th, 10:00 am PT

This webinar will offer insight into the Biden Executive Order on Artificial Intelligence, with a specific focus on: (1) scope of EO and stakeholder views on privacy in the EO; (2) alignment with existing privacy standards...more

U.S. Copyright Office Ponders Copyright Protection for AI-Generated Works Following D.C. Circuit’s Thaler Decision | News & Events

The U.S. Copyright Office (“Office”) has issued a notice of inquiry (NOI) in the Federal Register indicating its intent to study copyright law and policy issues raised by generative artificial intelligence (AI), and seeking...more

Enforcement of California Privacy Regulations Stayed Until 2024

In a surprise turn of events, the Superior Court of California for the County of Sacramento sided with the California Chamber of Commerce and held that the California Privacy Protection Agency (“Agency”) is stayed from...more

What the Irish DPC Meta Decision Means for International Data Transfers

On May 22 the Irish Data Protection Commission (“DPC”), Ireland’s data privacy watchdog, issued its final and binding decision against Meta with respect to Facebook’s exporting of personal data from Europe to the US from July...more

New Privacy Law Alert: Washington’s My Health My Data Act

On April 17, the Washington State legislature passed the “My Health My Data Act” (“MHMDA”), which Governor Jay Inslee is expected to sign into law. If passed, the MHMDA’s new rules would take effect on March 31, 2024. In...more

Your Employees Are Using ChatGPT and Other LLMs: Risks and Legal Implications of ChatGPT in the Workplace

ChatGPT’s recent public debut caused a public stir with commentators imagining the tool’s ability to both streamline individual workflows and reduce workforces. ChatGPT is one type of a large language model (LLM) that...more

The Three C's To Consider Before Deploying AI Technologies: Contracts, Compliance and Culture

Before a business deploys an Artificial Intelligence/Machine Learning (AI/ML) or automated technology, there are three critical considerations: Contracts, Compliance, and Culture. This article is the second in a series and...more

[Event] 2023 Cybersecurity and Data Privacy Laws Summit - April 25th, Chicago, IL

Clark Hill is proud to invite you to its inaugural, in-person program, where legal, in-house and technical professionals will delve into the latest cyber and privacy topics and trends. Panelists will share insight into...more

[Webinar] Compliance Strategies for AI/ML Technologies & Automated Tools: What In-House Professionals Need to Know - March 7th,...

In the age of innovation, many businesses are leveraging AI/ML technologies and automated decision-making tools to advance business objectives, save time and reduce costs. Join us for a panel, which will consolidate the...more

Each Scan an Accrual: Long-awaited Illinois Supreme Court Decision Renders Risk of BIPA Claims Catastrophic

On Feb. 17, in a close 4-3 decision, the Illinois Supreme Court in Cothron v. White Castle System, Inc., 2023 IL 128004, ruled that a claim under the Illinois Biometric Information Privacy Act (“BIPA”) accrues with every scan...more

The Three C’s to Consider Before Deploying AI Technologies: Contracts, Compliance, and Culture

C #1:  Contracts: Top Considerations for AI Vendor Management and Negotiating AI Contracts In the age of innovation, many businesses are leveraging AI/ML technologies and automated decision-making tools to advance business...more

Office of Civil Rights Issues Guidance on the Use of Third-Party Tracking Technologies by HIPAA-Regulated Entities

The U.S. Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) issued guidance regarding the obligations of HIPAA Covered Entities and Business Associates under the HIPAA Privacy, Security, and...more

End-of-Year Website Audit Recommended to Ensure CPRA Compliance

As the year ends, privacy and legal departments have a final opportunity to audit external facing privacy statements and other website practices to ensure compliance with the California privacy law amendments which come into...more

California, Colorado, Connecticut, Utah, Virginia, Oh My: An Enterprise Wide Data Privacy Solution to the State Privacy Law...

Despite predictions otherwise, 2022 will not be the year that a federal data privacy law is enacted. While the bipartisan American Data Privacy Protection Act (ADPPA) proposal made it to the House Committee on Energy and...more

First of Its Kind BIPA Trial Ends in Blockbuster Judgment

One hour. That is all it reportedly took for a jury to deliberate in the first-of-its-kind trial alleging violations of Illinois’ Biometric Information Privacy Act (BIPA) before finding defendant BNSF Railway Company liable...more

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