From October 1 to 3, the LitForward Center for Technology, Research and Analysis convened its First Annual LitForward Innovation Summit. The first session of the summit, “AI Governance: Managing Risk and Opportunity,”...more
Organizations whose mantra is “We just never delete anything” (i.e., organizations simply retaining all information indefinitely) are now facing headwinds, especially when the information contains personal information. As our...more
10/16/2024
/ Books & Records ,
California Consumer Privacy Act (CCPA) ,
CFTC ,
Data Preservation ,
Data Retention ,
Department of Justice (DOJ) ,
Electronic Communications ,
Electronically Stored Information ,
Enforcement Actions ,
Evidence ,
Federal Trade Commission (FTC) ,
Information Governance ,
Instant Messaging Apps ,
Investigations ,
Mobile Devices ,
Personal Information ,
Policies and Procedures ,
Recordkeeping Requirements ,
Regular Business Communications ,
Securities and Exchange Commission (SEC) ,
WeChat ,
WhatsApp
What would you do if you received a call from the sitting president of the United States telling you not to vote in your state’s upcoming party primary election?
In January 2024, many New Hampshire voters faced this...more
Following several years of drafts and negotiations, on March 13, the European Parliament approved the EU’s Artificial Intelligence Act (the AI Act), making it the world’s first comprehensive AI legislation....more
Deputy U.S. Attorney General Lisa Monaco recently sparked debate by stating, “Like a firearm, AI can enhance the danger of a crime.” And just as prosecutors can seek enhanced sentences for offenses involving firearms, the...more
USDC Report Published, Crypto Firms Announce USDC Integrations -
Circle, the U.S. fintech company that manages the stablecoin USDC, recently released the “State of the USDC Economy” report, highlighting the “efforts to...more
1/22/2024
/ BitLicense ,
BSA/AML ,
CCIP ,
Civil Monetary Penalty ,
Compliance ,
Cryptocurrency ,
Enforcement Actions ,
EU ,
European Banking Authority (EBA) ,
FinTech ,
Information Reports ,
IRS ,
New Guidance ,
Office of Foreign Assets Control (OFAC)
Chair Gensler Continues to Be Outspoken About the Risks of AI Technologies -
Chair Gensler’s warnings of the potential risks associated with the use of AI technologies in the securities industry recently continued with...more
On December 4, the National Association of Insurance Commissioners unanimously adopted a model bulletin on the use of artificial intelligence in insurance. The model bulletin is intended for use by state insurance regulators...more
On Oct. 30, the Biden administration took a decisive step into the future by issuing the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence....more
11/29/2023
/ Artificial Intelligence ,
Biden Administration ,
Civil Rights Act ,
Competition ,
Consumer Protection Laws ,
Defense Production Act ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Employment Policies ,
Executive Orders ,
Federal Contractors ,
Federal Procurement Systems ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Innovation ,
Intellectual Property Protection ,
Leadership ,
NIST ,
Policies and Procedures ,
Privacy Laws ,
Regulatory Agenda ,
Risk Mitigation
We’re back with a deeper dive into the 2023 Data Security Incident Response Report, which features insights and metrics from 1,160+ incidents in 2022.
This episode dives deeper into information governance.
Questions &...more
The FDA has announced the formation of the Digital Health Advisory Committee, a group dedicated to navigating the complexities of emerging DHTs like AI/ML, augmented reality and more. This development evidences the FDA’s...more
As we noted in our 2023 DSIR, there has been a flurry of activity within the information governance space, at home and abroad. This activity deserves further analysis, because while it seems from a distance that there are...more
8/31/2023
/ CNIL ,
Compliance ,
Data Protection Authority ,
Data Retention ,
EU ,
General Data Protection Regulation (GDPR) ,
Gramm-Leach-Blilely Act ,
Hungary ,
Information Commissioner's Office (ICO) ,
Information Governance ,
Italy ,
Privacy Laws ,
Regular Business Communications ,
State Privacy Laws ,
UK
Chair Gensler’s Public Statements Warning of AI’s Impact on Securities Industry -
In his speech before the National Press Club, Chair Gensler focused on the tremendous opportunities AI technology presents but cautioned...more
8/8/2023
/ Analytics ,
Artificial Intelligence ,
Bias ,
Broker-Dealer ,
Compliance ,
Conflicts of Interest ,
Data Privacy ,
Intellectual Property Protection ,
Investment Adviser ,
Machine Learning ,
Proposed Rules ,
Public Statements ,
Securities and Exchange Commission (SEC)
Reconciling Recordkeeping Requirements Against the Prudence of Data Remediation -
As we have covered in previous alerts, the SEC and other regulators have intensified their scrutiny of the retention of electronic...more
On May 22, 2023, the New York City Department of Consumer and Worker Protection (“DCWP”) held an employer roundtable about Local Law 144, New York City’s law regulating the use of Artificial Intelligence in the employment...more
6/12/2023
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Bias ,
Final Rules ,
Hiring & Firing ,
Job Applicants ,
Machine Learning ,
Notice Requirements ,
Recruitment Policies ,
Remote Working
On January 1, 2023, New York City became the first jurisdiction in the United States to regulate employers’ use of automated employment decision tools (AEDTs) in the hiring and promotion process. Local Law 144 (the NYC AEDT...more
In a March 3 speech at the ABA’s Annual National Institute on White Collar Crime, Kenneth Polite, chief of the DOJ’s Criminal Division, announced that the Criminal Division’s Evaluation of Corporate Compliance Programs (the...more
On March 9, 2023, the U.S. Chamber of Commerce released both an Executive Summary and Full Report detailing the work done by the Chamber’s Commission on Artificial Intelligence Competitiveness, Inclusion, and Innovation (“AI...more
Artificial intelligence (AI) has long existed in the public consciousness through science fiction, doomsday planners, and fears of Ray Kurzweil’s singularity—but it now appears to be an accessible reality. 2023 has begun with...more
3/16/2023
/ Algorithms ,
Artificial Intelligence ,
Biden Administration ,
Bots ,
Ethics ,
Machine Learning ,
New Guidance ,
NIST ,
OSTP ,
Risk Assessment ,
Risk Mitigation ,
State Privacy Laws
Artificial intelligence (AI) refers to the recognition or creation of patterns that simulate human actions or thought. Since the late 1970s, when people began regularly interacting with computers, AI has become increasingly...more
The Data Security Incident Response Report features insights and metrics from 1,270+ incidents that members of the firm’s DADM Practice Group helped clients manage in 2021.
This episode takes us deeper into personal data...more
Our 2022 Data Security Incident Response Report discussed how businesses can be better positioned to meet the tight data breach notification deadlines now imposed in dozens of countries worldwide. In particular, we...more
7/15/2022
/ California Privacy Rights Act (CPRA) ,
Data Deletion ,
Data Management ,
Data Protection ,
Data Retention ,
Electronically Stored Information ,
General Data Protection Regulation (GDPR) ,
Legitimate Business Purpose ,
Personal Data ,
Regulatory Authority ,
Risk Mitigation
For those attorneys and information governance practitioners unfamiliar with recent pedagogic advancements, “real-world problem solving” moves teaching approaches away from the classical model that assumes individuals will...more
Our last AI post on this blog, the New (if Decidedly Not ‘Final’) Frontier of Artificial Intelligence Regulation, touched on both the Federal Trade Commission’s (FTC) April 19, 2021, AI guidance and the European Commission’s...more
The week of April 19 was an eventful one for practitioners following the evolution of potential artificial intelligence (AI) enforcement both in the United States and abroad, answering some questions regarding which...more