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Temporary relief from compliance obligations under the Corporate Transparency Act
FEATURED
December 5, 2024
Temporary relief from compliance obligations under the Corporate Transparency Act
By: Steven Eichorn
On December 3, 2024, a U.S. District Court[1] issued a nationwide preliminary injunction that enjoins the federal government from enforcing the Corporate Transparency Act (the CTA). The CTA requires “reporting companies” in the United States to disclose basic identifying information about their beneficial owners — the individuals who ultimately own or control a company — to the Treasury Department’s Financial Crimes Enforcement Network (FinCEN). The court issued the injunction because (i) the CTA represents a federal attempt to usurp a power left to the states since it is monitoring companies created under state law, and, under the Constitution, the federal government cannot interfere with the state’s rights in creating corporations, and, (ii) the CTA aims to terminate an attractive feature…
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Will Free Speech Become Expensive for Big Tech?
December 2, 2024
Will Free Speech Become Expensive for Big Tech?
By: James Trusty
Section 230 of the Communications Decency Act[1] is the federal law that allows internet platforms to host online content without fear of lawsuits based on third party content. In other words, for hosting free speech, internet providers are given immunity from liability if the speech somehow crosses the line from protected free speech into unprotected territory (defamatory, criminal solicitation, etc.). With the recent presidential and…
Dolce Vita Ruling a Win for Cookies and Pixels Alike
November 21, 2024
Dolce Vita Ruling a Win for Cookies and Pixels Alike
By: Robert Ward
In recent years, companies in industries from media to healthcare have faced a rash of lawsuits challenging their use of common web tracking technologies such as the Meta Pixel. These cases generally allege that the use of such tracking technologies violates common law privacy protections and a wide range of state and federal privacy statutes. Late last month, in Vita v. New England Baptist Hospital,…
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…
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…
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…
Pump The Brakes or Step on the Gas? An Analysis of Emerging AI Regulatory Frameworks
April 6, 2023
Pump The Brakes or Step on the Gas? An Analysis of Emerging AI Regulatory Frameworks
By: Abbey Block
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 implemented on the federal level. In response to the largely…
A Review of Top-Rated AI Tech Companies Undermines the FTC’s Warning of Deception
March 22, 2023
A Review of Top-Rated AI Tech Companies Undermines the FTC’s Warning of Deception
By: Abbey Block
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 the legal industry, AI technology has been praised for its…
