Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting

Since 1996, Internet platforms and social media companies have relied on a federal law, Section 230 of the Communications Decency Act, to protect them from liability for civil law claims stemming from content on their platforms. As the influence of platforms like Facebook, Twitter (now X), and others has grown, members of Congress, consumer groups,…

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Ready, Set, Go: More States Adopt Privacy Laws

Note the below chart was updated on March 21, 2024 to reflect recent developments. If you blinked over the past couple of months, you may have missed it: the number of U.S. states that have adopted privacy laws has more than doubled. We are now up to 13 states (not including Nevada, which has a…

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OpenAI’s Legal Troubles Mount as New York Times Lawsuit Escalates Alongside SEC Investigation

On February 28th, 2024, the Wall Street Journal reported that the Securities and Exchange Commission (”SEC”) is investigating OpenAI’s internal communications following the board’s ousting and re-introduction of OpenAI CEO Sam Altman in November 2023. Importantly, the SEC’s scrutiny of OpenAI adds to the mounting legal and regulatory challenges faced by the company. As rationale…

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2024, AI, and the Harnessing of the Wild West

We are writing a lot about artificial intelligence these days… but then there is a lot to say on the topic.  AI is making headlines in terms of legal battles and legislative developments.  At the end of 2023, the New York Times filed suit against Microsoft and OpenAI for copyright infringement based upon alleged unauthorized…

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Navigating the AI Regulatory Landscape: Comparing Biden’s Executive Order and the EU’s Artificial Intelligence Act

The regulation of artificial intelligence (“AI”) is a popular topic of discussion. Politicians, activists and even AI developers have weighed in to urge the Government to take steps to create guardrails for the technology’s development and use. Yet, until recently, governments and regulators have been slow to take action and pass concrete legislation – leaving…

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How Does AI Use the Data You Give it?

The development and public offering of generative Artificial Intelligence (AI) models has led to the introduction of many work-complementing and work-supplementing tools that offer individuals and organizations the ability to streamline or expand their workflows. Generative AIs are algorithms, specifically large language models (LLMs), trained on massive amounts of input data to generate their own…

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Ad Tech in Europe: What Does the Future Hold?

If you are subject to the EU’s General Data Protection Regulation and you engage in behavioral advertising, you may want to rethink your business model. A recent decision from the European Data Protection Board (which oversees application and enforcement of the GDPR across the EU) and related statements from regulators from several European member states…

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Major Developments on the Horizon for Bankruptcy Law

The Supreme Court rarely hears bankruptcy cases – typically one per term. But 2023 has been different, the Court already has ruled on four bankruptcy matters, including sovereign immunity issues with respect to Puerto Rico and Indian tribes, appellate review of § 363 sale orders, the discharge of debts obtained by another’s fraud. In addition…

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