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On April 3, 2025, the Office of Management and Budget (OMB) issued two memoranda implementing President Trump’s Executive Order 14179, Removing Barriers to American Leadership in Artificial Intelligence. Memorandum M-25-21,...more
The recently passed National Defense Authorization Act (NDAA or Act) for Fiscal Year 2025 addresses recurring areas of focus relevant to defense contracting, including supply chain risks related to China, organizational...more
As of January 17, 2025, the Department of Defense’s data rights regulations and contract clauses look a little different, yet substantively very little has changed. The update is to formally incorporate changes the Small...more
Late last year, we discussed the Consumer Financial Protection Bureau’s (CFPB or Bureau) proposed rule aimed at supervising larger technology companies offering digital wallets and payment apps. On November 21, the CFPB...more
Background on Open Banking and the CFPB - The Consumer Financial Protection Bureau (CFPB) recently finalized a rule on personal financial data rights (Rule), implementing Section 1033 of the Consumer Financial Protection Act...more
On October 23, CFPB Director Rohit Chopra released prepared remarks about the CFPB’s recent finalization of the Personal Financial Data Rights rule (the Rule) under Section 1033. The Bureau believes the Rule would give...more
“Software-as-a-Service,” commonly known as “SaaS,” is a subscription-based software distribution model in which the vendor allows users to connect to and use cloud-based applications over the Internet for the subscribed term....more
How are intellectual property (IP) and data rights allocated when a particular dataset is a key to unlocking a powerful new artificial intelligence/machine learning (AI/ML) model or use case? To find a balance, contracting...more
The CFPB finalized a rule establishing a process for recognizing open banking standards and outlined qualifications for entities to become recognized standard-setting bodies (Final Rule). Under the Final Rule,...more
When someone violates the secrecy of a company’s trade secrets, what can the company do about it? Writing a sternly worded cease and desist letter is often a good first step that we recommend to clients, however it must be...more
In today's business landscape, businesses are increasingly relying on third-parties to manage their information, especially those hosting their information in the cloud. This reliance on third parties and the nature of cloud...more
To kick off the New Year, Sheppard Mullin’s Governmental Practice Cybersecurity & Data Protection Team has prepared a cybersecurity-focused 2023 Recap (including links to all of the resources the team has put out over the...more
Is theft of trade secrets a crime in Arkansas? Yes. Under Arkansas Code Annotated Section 5-36-107, the Arkansas Penal Code establishes that theft of trade secrets is a Class A misdemeanor. The statute establishes that a...more
January 28 is International Privacy Day, and this day is an opportunity to learn about recent developments in the legal landscape for privacy law. It is also a good opportunity to highlight how far privacy rights have come,...more
Good Afternoon! This is Akin’s biweekly policy newsletter on space policy and regulatory developments, providing information on major space headlines and forthcoming space-related events and hearings...more
Explore the intricacies of transforming individuals into AI avatars and the key legal issues and provisions to keep in mind. Informed by our team’s talent-side and tech-side experiences, we’ll navigate: - Likeness License...more
This final installment of our coverage on the Consumer Financial Protection Bureau’s proposed rule regarding “personal financial data rights” builds upon concepts and concerns covered in our earlier posts. For an overview of...more
In an effort to promote “open banking” and reduce “sticky banking”, make it easier for consumers to compare their current financial institution to competitors, and to generally increase competition among financial...more
In our continuing series on the proposed rule introduced by the Consumer Financial Protection Bureau (“CFPB”) regarding Personal Data Financial Rights, this week’s installment examines the obligations that are applicable to...more
In a key move to further expand consumer data rights, California Gov. Gavin Newson signed The Delete Act (S.B. 362) (the Act) into law on October 10, 2023. The Act amends California’s data broker registration law (Cal. Civ....more
Fifteen trade groups have joined in a letter to the CFPB requesting an extension of the comment period on the CFPB’s proposed rulemaking on personal financial data rights. The proposal implements Section 1033 of the...more
On October 19, the Consumer Financial Protection Bureau (the "CFPB") proposed the long-anticipated "Personal Financial Data Rights Rule" (the "Proposed Rule"), which would govern access for consumers and data aggregators to...more
The very definition of generative AI suggests the creation of new content based on a program training on existing data, a recipe that necessarily raises potential U.S. and EU data privacy issues, not to mention related...more
On Wednesday, April 26, 2023, Nelson Mullins Riley & Scarborough LLP is hosting a webinar titled, "Building an Investable Business – Preparing Your Company Now for Successful Exit/Acquisition and Outside Investment." Nelson...more
With the now ubiquitous use of data in advertising, it’s more important than ever to understand data as a business asset and how it can be claimed, protected, and managed. Join us for our November Advertising Law webinar...more