Welcome to our seventh 2024 issue of Decoded - our technology law insights e-newsletter. We have a few events we want to pass along to those interested in technology, but also other areas of law and business.
...more
9/4/2024
/ Acquisitions ,
Artificial Intelligence ,
Construction Industry ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Deep Fake ,
Food and Drug Administration (FDA) ,
Insurance Industry ,
Medical Devices ,
Mergers ,
National Security ,
Presidential Elections ,
Product Recalls ,
Ransomware ,
Risk Management ,
Technology Sector
We are pleased to announce that several of the firm’s practice groups and attorneys were recognized in the 2024 edition of Chambers USA, a directory of leading law firms and attorneys. Chambers and Partners annually...more
6/14/2024
/ Antitrust Provisions ,
Artificial Intelligence ,
Broadband ,
China ,
Communications Act of 1934 ,
Construction Industry ,
CRISPR ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Security ,
Department of Health and Human Services (HHS) ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Incident Response Plans ,
Machine Learning ,
OCR ,
OSHA ,
Ransomware ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Sensitive Personal Information ,
Unfair Competition
Are Automakers Making Sufficient Efforts to Protect Customer Data?
With the ever-expanding Internet of Things, data privacy is a growing concern in today’s digital age. The automotive industry is no exception. The National...more
9/27/2023
/ Artificial Intelligence ,
Automotive Industry ,
Censorship ,
Consumer Privacy Rights ,
CRISPR ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data-Sharing ,
DNA ,
Educational Institutions ,
Hackers ,
Information Technology ,
Internet of Things ,
Life Sciences ,
Machine Learning ,
NHTSA ,
Personal Data ,
Popular ,
Regulatory Freeze ,
Regulatory Oversight ,
Risk Management ,
Social Media ,
Technology Sector
You may be Entitled to Financial Compensation…for Your Data -
“Without all of our writings and photos that AI companies are using to train their models, they would have nothing to sell.”
Why this is important: This...more
8/4/2023
/ Algorithms ,
Artificial Intelligence ,
Biotechnology ,
Bots ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Deletion ,
Data Privacy ,
Educational Institutions ,
FCC ,
Federal Trade Commission (FTC) ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Investment ,
Life Sciences ,
Online Platforms ,
PHI ,
Ransomware ,
Ripple ,
School Districts ,
Securities ,
Securities and Exchange Commission (SEC) ,
Technology Sector
Cyber Resilience Programs Falling Short on Preparing Workers for a Crisis-
“At two-thirds of organizations, there is a fear that almost all employees, 95%, will not understand how to recover following a cyberattack.”
...more
6/1/2023
/ Artificial Intelligence ,
Biotechnology ,
Bots ,
Colleges ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Educational Institutions ,
Employees ,
Enforcement Actions ,
Financial Services Industry ,
Healthcare ,
Investment ,
Popular ,
Ransomware ,
Research and Development ,
School Districts ,
Technology Sector ,
Telehealth ,
Universities
Tech Vendors and Cybersecurity – Are They Responsible?
It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more
4/25/2023
/ Algorithms ,
Archived Data ,
Artificial Intelligence ,
Burden of Proof ,
Commercial Litigation ,
Content Publishing ,
Contract Terms ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Retention ,
Data Security ,
Data Storage ,
Defamation ,
Educational Institutions ,
Electronic Communications ,
Electronically Stored Information ,
Fox News ,
Free Speech ,
Indemnification Clauses ,
Indemnity ,
Libel ,
Machine Learning ,
News Stories ,
Personal Information ,
Political Speech ,
Popular ,
Risk Management ,
Robots ,
School Districts ,
Settlement ,
Social Media ,
Software ,
Software Developers ,
Students ,
Technology Sector ,
Vendor Contacts ,
Vendors
Amazon Sued for Not Telling New York Store Customers about Tracking Biometrics -
“Thanks to a 2021 law, New York is the only major American city to require businesses to post signs letting customers know they’re tracking...more
4/3/2023
/ 3D Printing ,
Authorship ,
Biometric Information ,
Biometric Information Privacy Act ,
Biotechnology ,
Chief Information Security Officer (CISO) ,
Class Action ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Disclosure Requirements ,
Divorce ,
DNA ,
Email ,
Employer Liability Issues ,
Facial Recognition Technology ,
Fingerprints ,
Human Embryos ,
Incident Response Plans ,
Life Sciences ,
Medical Devices ,
Non-Fungible Tokens (NFTs) ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Securities and Exchange Commission (SEC) ,
State and Local Government ,
Technology Sector
Illinois Supreme Court Allows Massive Damages in Biometric Privacy Cases -
“The case involves Ohio-based fast-food company White Castle.”
Why this is important: Illinois has the strictest biometric privacy law in the...more
3/2/2023
/ Acquisitions ,
Biometric Information ,
Biometric Information Privacy Act ,
CEOs ,
Corporate Governance ,
Cryptocurrency ,
Data Collection ,
Data Privacy ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
IL Supreme Court ,
Mental Health ,
Popular ,
Privacy Laws ,
Risk Assessment ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Technology Sector ,
TikTok ,
Universities
The Supreme Court has Made It Harder to Regulate New Technologies -
“However, the way the Supreme Court did this—by recognizing and endorsing the ‘major questions doctrine’—threatens regulation and public policy in the...more
EU and U.S. Agree to New Data-Sharing Pact, Offering Some Respite for Big Tech
“For over a year, officials on either side of the Atlantic have been hashing out a deal to replace the so-called Privacy Shield.”
Why this...more
Cybersecurity Is Everyone’s Responsibility -
A recent survey by PricewaterhouseCoopers revealed that U.S. executives now consider cyberattacks the number one risk their companies face. Concerns about cybersecurity have...more
Seven North Carolina Colleges Secretly Tracked Social Media Posts of Students, Protesters
"A new report shows seven North Carolina universities monitored social media platforms to keep an eye on things like protests or...more
IRS Says It Exposed Some Confidential Taxpayer Data on Website "Tax agency says error led to posting about some taxpayers with IRAs." Why this is important: In the last issue of Decoded, we discussed the fact that the IRS...more
CFPB Takes Action to Protect the Public from Shoddy Data Security Practices
"The bureau said the circular does not suggest that particular security practices are specifically required under the Consumer Financial...more
9/7/2022
/ Blockchain ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Financial Institutions ,
Non-Fungible Tokens (NFTs)
CHIPS and Science Act Will Lower Costs, Create Jobs, Strengthen Supply Chains, and Counter China
"Spurred by the passage of the CHIPS and Science Act of 2022, companies have announced nearly $50 billion in additional...more
Data Privacy, Abortion Limits Set to Collide Post-Roe "Even before the June 24 ruling in Dobbs v. Jackson Women’s Health Organization, privacy advocates, concerned that data on women seeking abortions could be used to target...more
Is the U.S. Finally Getting a Comprehensive Cybersecurity and Data Protection Law? What You Need to Know About the Proposed American Data Privacy and Protection Act -
In the beginning of the 2000s, as a result of the...more
7/21/2022
/ Biotechnology ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
CRISPR ,
Cryptocurrency ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Facial Recognition Technology ,
Food and Drug Administration (FDA) ,
Nanotechnology
AHA Expresses Member Support for PATCH Act, Medical Device Security "In a letter addressed to Senators Bill Cassidy (R-LA) and Tammy Baldwin (D-WI), who first introduced the PATCH Act, the AHA said that the association and...more
7/8/2022
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Federal Trade Commission (FTC) ,
GAO ,
Health Care Providers ,
Medical Devices
The PATCH Act: Protecting Medical Devices from Cyber Attacks -
In a previous issue of Decoded, we discussed the alarming fact that many medical devices, including those implanted in patients' bodies, are leaving the...more
6/10/2022
/ Augmented Reality ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical Devices ,
Popular ,
Ransomware
House Subcommittee Debates Device Remanufacturing Definition, Sends User-Fees Bill to Next Stage
"Proponents of the remanufacturing bill are looking to better distinguish between medical device remanufacturing, and...more
5/27/2022
/ Coronavirus/COVID-19 ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Environmental Social & Governance (ESG) ,
Food and Drug Administration (FDA) ,
GAO ,
Medical Devices ,
Phishing Scams ,
Ransomware
Avoiding Data Breaches: A Guide for Boards and C-Suites
"Recently, plaintiffs have targeted corporate board members and C-level executives alleging that their data privacy–related claims result from a breach of fiduciary...more
5/12/2022
/ Biometric Information ,
Centers for Disease Control and Prevention (CDC) ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Digital Assets ,
Facebook ,
General Data Protection Regulation (GDPR) ,
Non-Fungible Tokens (NFTs)
Data Breach Corner - Cash App Data Breach Affects More than 8M Users -
"A former employee of the company downloaded reports containing the personal information of U.S. users."
Why this is important: Not all data...more
Massachusetts-Based Background Check Company Creative Services Faces Multiple Lawsuits Over Data Breach -
"'CSI determined that certain files dating from November 2018 to November 2021 may have been copied from their...more
4/4/2022
/ Confidential Information ,
CRISPR ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Personally Identifiable Information ,
Popular ,
TransUnion LLC v Ramirez
The Cryptocurrency Revolution and President Biden's Formal Recognition -
Out of the ashes of the 2008 financial crisis, Bitcoin sprang up like an insurgency, targeting both the unbridled activity of large financial...more
3/18/2022
/ Bitcoin ,
COPPA ,
CRISPR ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
FinTech ,
Food and Drug Administration (FDA) ,
Hackers ,
Intellectual Property Protection ,
Internet of Things ,
Medical Devices ,
Securities and Exchange Commission (SEC)
Concerning Healthcare Data Breach Reporting Trend -
"There has been a trend in recent years for HIPAA-regulated entities to wait the full 60 days from the date of discovery of the breach to issue notifications to affected...more
2/16/2022
/ Biometric Information Privacy Act ,
Bitcoin ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Non-Fungible Tokens (NFTs)