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…
Read MoreFor the Children!: Children’s Online Safety Becomes Focus of State and Federal Law
Have you seen the latest craze in babysitting? If you are ever out in public, you have. Think of the last time you were at a restaurant, stoplight, or airport, and noticed a child, aged between tot and tween, fixated on his or her device. That’s the craze: the cheapest, most available babysitting option these…
Read MoreArtificial 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…
Read MoreA 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…
Read MoreBasic Data Privacy Hygiene and AI: Do What You Say and Say What You Do
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 MorePump 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…
Read MoreA Review of Top-Rated AI Tech Companies Undermines the FTC’s Warning of Deception
Artificial intelligence (“AI”) was once thought of as science fiction – something we could only see on a movie screen or read about in a comic book. But in recent years, the technology has become both accessible and popular, proliferating nearly every sector of society. From healthcare to…
Read MoreFormer 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. …
Read MoreNew 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…
Read MoreThe 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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