Appeals Court Tells Elon Musk –A Deal Is A Deal: SEC Consent Decree Sticks

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…

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Artificial Intelligence Poses Threat to Business Data Privacy and Confidential Information

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…

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A New Paradigm: Claimant Opposition to Mass Tort Bankruptcy and Needed Reform

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…

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Pump The Brakes or Step on the Gas? An Analysis of Emerging AI Regulatory Frameworks

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…

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Former Uber Security Chief Convicted of Federal Charges Stemming From 2016 Extortionate Data Breach

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. …

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New California Law Establishes Broad Protections for Children’s Online Privacy – Exceeding Federal Requirements

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…

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The FTC Weighs In: Online Services Must Be Diligent When Kids’ Privacy At Stake

WW International (f/k/a Weight Watchers) seems to be doing children a service: the company developed an online program tailored to address childhood weight issues.  The program, offered by WW subsidiary Kurbo, has an app, youthful professional coaches, and many features that look promising both to attract and to retain program young subscribers. Plus, the program…

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