Thinking about adding an AI Chatbot? Some key considerations.

Many companies are thinking about how to deploy new AI systems to automate routine work and to improve their product. For many businesses, adding an AI chatbot is a valuable way to enhance the customer experience by automating routine conversations,[1] and by alerting customers to new deals and offerings that are relevant to them.[2] Coupled…

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Is Scrolling the New Smoking?

In the final weeks of 2025, New York passed a law requiring social media platforms with “certain predatory features” to display warning labels about “the dangerous impact” those features pose to the mental health of users under the age of eighteen.[1] These so-called “predatory features” include continuous and infinite scrolling, displaying addictive feeds, and automatically…

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Influencer Liability: Will New-Age Litigation Net Celebrity Spokespeople?

The “influencer economy,” in which so-called “content creators” share user-generated content such as livestreams or short-form film, is showing no signs of slowing down.  Currently valued north of $250 billion, it is projected to reach nearly $500 billion by 2027.[1] “Creators earn income primarily through direct branding deals to pitch products as an influencer; via…

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The SEC Signs on to Arbitration

Early last week, on September 17, 2025, the SEC announced that it will no longer consider the presence of a mandatory arbitration provision in a company’s charter or bylaws when deciding whether to accelerate the effectiveness of a registration statement.  This policy shift will permit companies to include arbitration clauses in their governing documents to…

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Cal. High Court Softens Draconian Arbitration Fee Rule

California law has often tested just how much room the Federal Arbitration Act (FAA) leaves for states to regulate consumer arbitration agreements. Last week, in Hohenshelt v. Superior Court,[1] the California Supreme Court determined that at least one claimant-favoring provision of the California Arbitration Act (CAA), California Code of Civil Procedure § 1281.98 comes close…

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Ready, Set, Go: More States Adopt Privacy Laws

Note the below chart was updated on July 24, 2025 to reflect recent developments. The number of U.S. states that have adopted privacy laws grows regularly. Fortunately, there seems to be quite a bit of crossover, at least when it comes to thresholds that companies must meet in order to trigger compliance requirements. We provide…

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California Actively Enforcing its Delete Act against Data Brokers

If you are a data broker and you are not registered in California, you may face sanctions, including fines and possible shut down of operations.  The California Privacy Protection Agency is actively enforcing the state’s Delete Act, legislation that was enacted in 2023. The Delete Act requires entities that qualify as data brokers under the…

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FTC Cracking Down On Online Censorship

The Federal Trade Commission (FTC) has recently launched a public outreach effort to obtain information from the public regarding how they are treated by technology platforms. As explained by the FTC, they are seeking to “understand how technology platforms deny or degrade users’ access to services based on the content of their speech or affiliation,…

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Pause Play? CFPB Gaming-Related Rules on Hold

Newly installed Consumer Financial Protection Bureau (“CFPB”) Director Russell Vought directed agency staff to stop work on agency matters and stay home. The future of many of the CFPB-led initiatives looks bleak, including a recent interpretive rule proposal that would treat video game publishers like payment processors. Background Congress created the CFPB, an independent federal…

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