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

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

April 1, 2024

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

By: Michelle Cohen

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, and other stakeholders have urged Congress to restrict or repeal the networks’ immunity under Section 230, without success. However, a recent ruling on a motion to dismiss by Judge Paula Feroleto in Erie County, New York demonstrates that courts may be willing to consider piercing the Section 230 veil. Section 230 Background In 1996, Congress enacted Section 230 (as part of the revisions to the…

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Ready, Set, Go: More States Adopt Privacy Laws

March 21, 2024

Ready, Set, Go: More States Adopt Privacy Laws

By: Nicole Kardell

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 narrow privacy law on the books) with privacy frameworks. Fortunately,…

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

March 4, 2024

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

By: Jake Gray

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 for Altman’s expulsion, the board cryptically stated that Altman hadn’t…

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

May 18, 2023

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

By: Michelle Cohen

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 restrict certain practices, even over decades. Once a “deal” is…

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For the Children!: Children’s Online Safety Becomes Focus of State and Federal Law

May 15, 2023

For the Children!: Children’s Online Safety Becomes Focus of State and Federal Law

By: Nicole Kardell

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 days is a device that can entertain children for hours,…

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Artificial Intelligence Poses Threat to Business Data Privacy and Confidential Information

May 10, 2023

Artificial Intelligence Poses Threat to Business Data Privacy and Confidential Information

By: Jake Gray

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 announcing that the White House Office of Science and Technology…

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

May 3, 2023

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

By: George Calhoun

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 forced into Faustian deals with plaintiffs groups in which trusts…

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Basic Data Privacy Hygiene and AI: Do What You Say and Say What You Do

April 10, 2023

Basic Data Privacy Hygiene and AI: Do What You Say and Say What You Do

By: Nicole Kardell

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 all data privacy laws.  Remarks made recently in a keynote…

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Articles and Presentations by Our Firm Attorneys

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

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

Ready, Set, Go: More States Adopt Privacy Laws

Ready, Set, Go: More States Adopt Privacy Laws
By: Nicole Kardell

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

OpenAI’s Legal Troubles Mount as New York Times Lawsuit Escalates Alongside SEC Investigation
By: Jake Gray

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