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“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
In late November 2022, the Armed Services Board of Contract Appeals (ASBCA) ruled that the U.S. Government can mount a validation challenge against proprietary markings on commercial data developed exclusively at private...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
When bidding for and performing DOD contracts, DOD contractors will be better equipped to protect their rights if they are aware of and understand the various categories of technical data and software rights and what rights...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
One of the most important benefits of a small business concern (SBC) participating in the Small Business Innovation Research (SBIR)/Small Business Technology Transfer (STTR) programs is the set of SBIR data rights. Throughout...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
On September 30, 2022, the Colorado Attorney General’s Office (the AG’s Office) released draft regulations to the Colorado Privacy Act (the CPA). Before these proposed regulations take effect, however, there will be a lengthy...more
The interactive tools that the metaverse offers are a perfect complement to a crucial component of the sports industry: fan engagement. And with an influx of industry players establishing a presence in the metaverse, the way...more
On May 19, 2022, at an open commission meeting, the Federal Trade Commission (FTC) voted unanimously to: 1) release a new policy statement on the Children's Online Privacy Protection Act (COPPA) indicating that the FTC will...more