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A Blog About FTC regulations and happenings

When another person publishes a lie about you that causes harm to your reputation, you can seek relief by filing a defamation lawsuit. But what sort of relief is available when the person making the defamatory statement isn’t a person at all – but instead is a robot? The world may soon find out. In early April, Reuters reported that a regional Australian Mayor, Brian Hood, was threatening to sue OpenAI for defamation stemming from false statements produced by the company’s chatbot, ChatGPT. Hood alleged that, in response to user prompts, ChatGPT produced content that falsely stated Hood had gone to prison for his role in a government bribery scheme involving a subsidiary of the Reserve Bank of Australia in the early 2000’s. Although Hood had worked at the subsidiary, he had neither taken part in the bribery scheme nor gone to prison. To the contrary, Hood had been the whistleblower to report the bribery scheme to government authorities. Hood’s lawyers sent a letter of concern to OpenAI, demanding that... Read more

When faced with federal agency enforcement actions, companies frequently enter into consent decrees with the government to avoid the time, expense, and uncertainties of litigation. Consent decrees often involve the payment of settlement monies. They can also include lengthy commitments in furtherance of compliance, such as annual reporting and officer certifications. Consent decrees may also… Read More

Over the last year, an abundance of headlines detailing innovations in artificial intelligence (AI) technology have hit the news cycle. Beyond mere technical advancements, many reports have discussed AI’s potential to revolutionize innumerable industries and the workplace, whether for better or worse.  The White House is accordingly delving into AI’s role in the workplace, recently… Read More

Congress enacted Section 524(g) of the Bankruptcy Code in 1994. That statute requires a 75% supermajority of claimants to approve a bankruptcy plan binding on future claimants and containing injunctions protecting the debtor and other third parties. The statute handed veto power to prominent plaintiff law firms. Companies facing mass tort liabilities, primarily asbestos, were… Read More

Our Privacy Team has been saying this for years –Do What You Say and Say What You Do.[1]  It’s an enduring maxim and an important basic step that companies need to embrace in their data collection practices.  It also fits in neatly with the concepts of Notice and Consent, which are the hallmarks of almost… Read More

Artificial Intelligence (“AI”) is growing exponentially and has infiltrated nearly every sector of society. Despite the technology’s growth, the US has yet to pass comprehensive federal legislation addressing its use, commercialization, and development. Although several states such as New York, Maryland, and Washington have implemented their own regulations, no such supervisory scheme has been broadly… Read More

Uber’s former Chief Security Officer, Joe Sullivan, was convicted of two federal charges—obstruction of justice and misprision of a felony—for his role in covering up an extortionate data breach in 2016, which compromised more than 50 million personal records of Uber drivers and passengers, while the Federal Trade Commission (“FTC”) was probing Uber’s privacy protections. … Read More

California made history in September as the first state to enact legislation that punishes technology companies for violations of minors’ privacy and for practices that jeopardize minors’ safety in an effort to prioritize “the privacy, safety, and well-being of children over commercial interests.”  On September 15th, Governor Newsom signed The California Age-Appropriate Design Code Act… Read More