AI companies should familiarize themselves with trade secret law to safeguard their innovations. A company does not need to register a trade secret to invoke it in litigation, unlike other IP protections. Trade secrets can...more
State legislators nationwide have proposed or passed a flurry of laws to regulate AI, with new ideas continuing to emerge as most state legislatures prepare to convene early next year. The most notable bill to date is the...more
The Department of Justice has finalized prohibitions and restrictions on cross-border transfers of certain data to China and other “Countries of Concern” (as defined below). It seeks to address what is, in the U.S....more
1/21/2025
/ Artificial Intelligence ,
China ,
Cuba ,
Data Privacy ,
Data Security ,
Department of Justice (DOJ) ,
International Data Transfers ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
National Security ,
Personal Data ,
Russia
Over the past several years, data brokers have been subject to increased scrutiny from regulatory and enforcement agencies at both federal and state levels. On Dec. 3, the Consumer Financial Protection Bureau took a...more
The Department of Justice (DOJ) has proposed a significant restriction on cross-border transfers of sensitive personal data to designated “countries of concern.” The goal is to address national security risks posed by...more
12/13/2024
/ Biometric Information ,
CFIUS ,
Cybersecurity Information Sharing Act (CISA) ,
Data Protection ,
Department of Justice (DOJ) ,
International Data Transfers ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Personal Data ,
Popular ,
Proposed Rules
The children’s privacy and online safety regulatory landscape is evolving quickly. To keep up, companies subject to U.K. law should understand their users, enhance safety features and conduct risk assessments, all while...more
We were honored to host a conversation about the future of AI policy last week in Orrick’s San Francisco office -- and would like to share five takeaways with our clients and friends. The conversation featured:
Tom Kemp,...more
This week, we hosted a conversation about the future of AI regulation across the 50 states following California Governor Gavin Newsom’s veto of the controversial AI safety bill, SB 1047. Key takeaways are below....more
We've really seen an explosion of AI laws at the state level in the last year. In 2024 alone, there have been over 600 bills proposed at the state level on AI.
This is really challenging for companies to keep on top of the...more
TAKEAWAY: California Gov. Gavin Newsom has vetoed SB 1047 – the controversial AI regulation bill that both chambers of the California legislature passed by wide margins. The veto is a good outcome for the nascent AI industry....more
The U.S. Department of Justice (DOJ) and eight state attorneys general filed an antitrust lawsuit against real estate software company RealPage on August 23, 2024. The lawsuit alleges that RealPage’s algorithmic pricing...more
On May 21, 2024, the California Senate passed the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act (SB-1047), and referred the bill to the State Assembly. Though the bill has already been amended in...more
Colorado has enacted a first-of-its-kind Artificial Intelligence Act governing the development and use of artificial intelligence. Here are five things you should know about the Colorado AI Act in its current form—and how it...more
The U.S. Department of Housing and Urban Development (HUD) has issued new heightened cybersecurity incident notice requirements that take effect immediately. FHA-approved mortgagees are now required to notify HUD of any...more
President Biden recently signed into law the Protecting Americans’ Data from Foreign Adversaries Act as a part of H.R. 815, an emergency appropriations bill that primarily provides assistance to Israel, Ukraine and Taiwan....more
If passed, the proposed American Privacy Rights Act would dramatically transform data privacy compliance obligations for companies operating in the United States. Shannon Yavorsky — head of Orrick’s global Cyber, Privacy &...more
5/2/2024
/ Covered Entities ,
Cybersecurity ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Financial Regulatory Reform ,
Financial Services Industry ,
Legislative Agendas ,
Privacy Laws ,
Proposed Legislation
As companies increasingly leverage AI in their operations, the obligations and expectations for AI-related consumer disclosures continue to evolve. As a result, companies seeking to use consumer-oriented AI face uncertainty...more
Two laws take effect in Utah on May 1 that impose legal requirements on a broad range of generative AI uses. The laws: With the implementation of these laws, Utah becomes one of the first U.S. states to impose specific...more
Over 5,000 privacy professionals from around the world gathered in Washington, D.C. this month for the International Association of Privacy Professionals’ Global Privacy Summit 2024. The conference focused on debating the...more
Two leading U.S. legislators have unveiled a bipartisan plan to enact the first comprehensive federal data privacy law. The proposed American Privacy Rights Act (APRA) largely mirrors common themes in the patchwork of state...more
On February 28, 2024, President Biden issued Executive Order 14117, calling for new regulations to prohibit or restrict transactions that enable countries of concern to access sensitive U.S. personal and government data. The...more
New Jersey has become the first state to enact a comprehensive consumer privacy law in 2024.
The New Jersey Data Privacy Act will take effect January 15, 2025. The law draws inspiration from the comprehensive state consumer...more
The Federal Communications Commission (FCC) has released a declaratory ruling confirming that calls containing AI-generated voices are subject to consent requirements imposed on “artificial or prerecorded voices” under the...more
Whether a company formally allows it, more employees are using generative AI (Gen AI) tools for everyday tasks at work.
Companies cannot simply rely on legacy internal policies and practices to address the risks Gen AI...more
California Gov. Gavin Newsom has signed a bill into law aimed at letting consumers delete their personal information in the hands of data brokers in California....more