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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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How Does AI Use the Data You Give it?

December 20, 2023

How Does AI Use the Data You Give it?

By: Jake Gray

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 original text or image outputs by predicting the next most…

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Ad Tech in Europe: What Does the Future Hold?

December 4, 2023

Ad Tech in Europe: What Does the Future Hold?

By: Nicole Kardell

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 have cast a shadow over the future of personalized ads…

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Major Developments on the Horizon for Bankruptcy Law

November 16, 2023

Major Developments on the Horizon for Bankruptcy Law

By: George Calhoun

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 to those cases, the Court is currently poised to decide…

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Plunging into the unknown: companies should look to sound privacy practices as they integrate AI

October 24, 2023

Plunging into the unknown: companies should look to sound privacy practices as they integrate AI

By: Nicole Kardell

How would you like to dive off a cliff with no idea how far you will drop, how deep the water is, and zero training on how to properly position your body to minimize impact once you hit the water? That’s how we approach artificial intelligence these days. Or perhaps more aptly put: How would you like to follow a bunch of lemmings off of…

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California Age-Appropriate Design Code Act Stymied After Federal District Court Ruling

September 27, 2023

California Age-Appropriate Design Code Act Stymied After Federal District Court Ruling

By: Jake Gray

As state legislatures pursue laws directed at online safety and privacy for children, federal courts are striking down their efforts. The latest example is California’s Age-Appropriate Design Code Act (CA-AADC), which a federal judge in the Northern District of California enjoined from enforcement. While larger questions loom about constitutional authority and what is the best way to protect children online, we can glean from the…

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Articles and Presentations by Our Firm Attorneys

How to Sell E-cigarettes and Avoid an FTC Investigation

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FTC Issues New Rule on Mortgage Scammers

FTC Issues New Rule on Mortgage Scammers
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