Over the past year, groups of plaintiffs filed multiple copyright infringement claims against companies behind generative artificial intelligence software. These lawsuits allege that training AI models involves mass-scale...more
On September 18, 2023, a U.S. District Court judge in the Northern District of California granted a preliminary injunction enjoining California’s attorney general from enforcing California’s California Age-Appropriate Design...more
9/26/2023
/ California ,
Communications Decency Act ,
COPPA ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Enforcement Actions ,
Governor Newsom ,
Intellectual Property Protection ,
New Legislation ,
Online Safety for Children ,
Popular ,
Preliminary Injunctions ,
Privacy Laws ,
Proposed Legislation
Top 10 Considerations for In-House Counsel on Privacy and Data Protection Concerns with AI: Know your legal role:
1. Privacy laws vary among jurisdictions, and your obligations using AI and personal information will change...more
On August 14, 2023, the U.S. Department of Justice and the Federal Trade Commission (FTC) entered a stipulated settlement with Experian Consumer Services to resolve allegations that Experian violated the Controlling the...more
On May 1, 2023, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of a putative class action alleging violations of the Illinois Genetic Information Privacy Act (GIPA) against the asset management firm...more
There is new hope for companies that transfer data from Europe to the United States that the return of a less administratively burdensome mechanism is on the horizon...more
10/17/2022
/ Biden Administration ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Data Privacy ,
EU ,
EU-US Privacy Shield ,
Executive Orders ,
Foreign Intellgence ,
International Data Transfers ,
National Intelligence Agencies ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
Surveillance
Many companies have a “no ransomware payment” stance until faced with a ransomware attack, especially an attack that causes significant business disruption. At that point, the company may reconsider its stance (or at least...more
9/24/2021
/ Corporate Counsel ,
Crypto Exchanges ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Enforcement Actions ,
FBI ,
Guidance Update ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Office of Foreign Assets Control (OFAC) ,
Ransomware ,
Regulatory Oversight ,
Risk Factors ,
Sanctions ,
U.S. Treasury ,
Virtual Currency
California AG Sends Initial Notices of Potential CCPA Non-Compliance.
Although the California Consumer Privacy Act (CCPA) became effective January 1, 2020, the California Attorney General (AG) was restricted from beginning...more
In a landmark opinion issued on July 16, 2020, the European Court of Justice overturned the EU-U.S. Privacy Shield, less than four years after the European Commission decision that the privacy principles of the EU-U.S....more
The Pennsylvania Supreme Court recently held that employers have “a legal duty to safeguard” the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine...more
12/20/2018
/ Breach of Duty ,
Breach of Implied Contract ,
Class Action ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Storage ,
Duty to Protect ,
Economic Damages ,
Economic Loss Doctrine ,
Employer Liability Issues ,
Hackers ,
Identity Theft ,
Negligence ,
PA Supreme Court ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Reasonable Care ,
Remand ,
Reversal
As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation. At the...more
10/2/2018
/ America Invents Act ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Arbitration ,
Class Members ,
Contract Interpretation ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Cy Pres Funds ,
Federal Arbitration Act ,
Fee Awards ,
Intellectual Property Protection ,
Life Sciences ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Prior Art ,
Privacy Laws ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Settlement ,
Split of Authority ,
Technology Sector ,
The Copyright Act ,
Video Games
In keeping with its recent decision in Bassett v. ABM Parking Services, the U.S. Court of Appeals for the Ninth Circuit held in Noble v. Nevada Checker Cab (March 9, 2018) that alleged procedural violations of the Fair and...more
The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing....more
3/12/2018
/ Article III ,
Consumer Fraud ,
Corporate Counsel ,
Customer Information ,
Cyber Attacks ,
Data Breach ,
Hackers ,
Identity Theft ,
Injury-in-Fact ,
Internet Retailers ,
Motion to Dismiss ,
Personally Identifiable Information ,
Putative Class Actions ,
Retail Market ,
Standing ,
Zappos
The U.S. Court of Appeals for the Fifth Circuit affirmed the Computer Fraud and Abuse Act conviction of an IT worker who sabotaged his employer’s network, rejecting the argument that an IT worker’s authorized access to...more
The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more
10/2/2017
/ Administrative Proceedings ,
Anti-Retaliation Provisions ,
Carpenter v US ,
Chevron Deference ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Energy Sector ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
First Amendment ,
Fourth Amendment ,
Free Exercise Clause ,
Free Speech ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Internal Reporting ,
LGBTQ ,
Location Data ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
NLRA ,
Oil States Energy Services v Greene's Energy Group ,
Patent Trial and Appeal Board ,
Patents ,
Public Accommodation ,
Religious Discrimination ,
SAS Institute Inc. v Lee ,
SCOTUS ,
Search & Seizure ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Stored Communications Act ,
Technology Sector ,
USPTO ,
Whistleblowers
The U.S. Court of Appeals for the Eighth Circuit held that allegations of a future risk of identity theft resulting from a data breach are not sufficient to establish standing. The August 30 ruling in In re SuperValu Customer...more
The U.S. Court of Appeals for the Eighth Circuit has held that allegations that the security provisions of a privacy policy were violated are sufficient for standing in a data breach case, but that plaintiffs’ contractual...more
8/28/2017
/ Article III ,
Bitcoin ,
Breach of Contract ,
Breach of Implied Contract ,
Corporate Counsel ,
Data Breach ,
Gambling ,
Hackers ,
Personally Identifiable Information ,
Popular ,
Privacy Policy ,
Putative Class Actions ,
Scottrade ,
Standing ,
Stock Prices ,
Unjust Enrichment
The U.S. Court of Appeals for the Fourth Circuit held that the plaintiff’s allegations that Experian denied him access to information to which he was entitled under the Fair Credit Reporting Act was insufficient to establish...more
This week, the U.S. Court of Appeals for the Second Circuit issued an important decision in Whalen v. Michaels Stores, placing the court at the center of the controversy around what allegations are sufficient to establish...more
5/9/2017
/ Article III ,
Corporate Counsel ,
Credit Cards ,
Data Breach ,
Fraudulent Charges ,
Hackers ,
Identity Theft ,
Malware ,
Michaels ,
Personally Identifiable Information ,
Pleading Standards ,
Popular ,
Putative Class Actions ,
Retail Market ,
Standing
Last week, the U.S. Court of Appeals for the Eleventh Circuit held that allegations that personally identifiable information was disclosed without consent in violation of the Video Privacy Protection Act were sufficient to...more
5/3/2017
/ Article III ,
CNN ,
Corporate Counsel ,
Data Collection ,
Digital Media ,
Injury-in-Fact ,
Mobile Apps ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Prior Express Consent ,
Putative Class Actions ,
Spokeo v Robins ,
Standing ,
Subscribers ,
VPPA ,
Web Tracking
The U.S. Court of Appeals for the Fourth Circuit has made it more difficult to establish Article III standing in data breach cases both at the pleading stage and at summary judgment by requiring plaintiffs to allege and show...more
2/23/2017
/ Actual Injuries ,
Article III ,
Corporate Counsel ,
Data Breach ,
Future Harm ,
Identity Theft ,
Medical Records ,
Personally Identifiable Information ,
Pleadings ,
Privacy Act of 1974 ,
Split of Authority ,
Standing ,
Summary Judgment ,
Young Lawyers
This week, the U.S. Court of Appeals for the Ninth Circuit held that allegations that unsolicited advertisement text messages were sent in violation of the Telephone Consumer Protection Act (TCPA) established a concrete...more
2/3/2017
/ Actual Injuries ,
Advertising ,
Appeals ,
Article III ,
Corporate Counsel ,
False Advertising ,
Prior Express Consent ,
Standing ,
TCPA ,
Telemarketing ,
Unfair Competition ,
Unsolicited Phone Calls
Last week, the Sixth Circuit held that allegations that personal information was stolen following a data breach was sufficient to confer Article III standing to sue to the affected individuals, even in the absence of...more
9/20/2016
/ Article III ,
Class Action ,
Corporate Counsel ,
Data Breach ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
Insurance Industry ,
Nationwide Insurance Co. ,
Personally Identifiable Information ,
Popular ,
Standing
Last week, the Eighth Circuit became the first Circuit Court to address the reach of Spokeo v. Robbins in a privacy case, holding that a plaintiff’s allegation that a cable company’s retention of his personal information in...more
Last week, the Ninth Circuit limited the ability of websites and online services to use Section 230 of the Communications Decency Act (CDA) to shield themselves from failure to warn lawsuits arising out of the offline conduct...more