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Data Mining

A&O Shearman

Data scraping for AI development – still no progress in the TDM debate

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Image Alex Shandro It appears that the debate surrounding the UK’s Text and Data Mining (TDM) exception is about to reignite. TDM exceptions are key to assessing the legality of training generative AI models, and to...more

Robinson+Cole Data Privacy + Security Insider

TikTok’s Legal Woes from State AGs Continues

Last week, we outlined the lawsuits against TikTok by New York, California, and North Carolina, that followed in the footsteps of Nebraska, Nevada (which filed suit against TikTok in February of 2024), and Indiana, which...more

Robinson+Cole Data Privacy + Security Insider

Three More States Sue TikTok Alleging Harm to Young Users

Following in the footsteps of Nebraska, the Attorneys General of North Carolina, California, and New Jersey filed complaints against TikTok and its owner, ByteDance, Ltd., on October 8, 2024....more

Mayer Brown

A New Chapter? Hong Kong Proposes Introducing Copyright Exception for Text and Data Mining

Mayer Brown on

On 8 July 2024, Hong Kong's Commerce and Economic Development Bureau (“CEDB”), along with the Intellectual Property Department (“IPD”), released a public consultation paper on copyright and artificial intelligence (AI)...more

Morrison & Foerster LLP

To Scrape or Not to Scrape? First Court Decision on the EU Copyright Exception for Text and Data Mining in Germany

On September 27, 2024, the Regional Court (Landgericht) of Hamburg, a court of first instance (the “Court”), dismissed a cease-and-desist claim by the photographer Robert Kneschke against LAION e. V. that the scraping of his...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Key Considerations When Using AI Tools to Draft and File Documents with the USPTO

The use of Artificial Intelligence (AI) tools in practice before the United States Patent and Trademark Office (USPTO) is changing how practitioners prepare and submit documents. The USPTO’s recent Guidance on Use of...more

HaystackID

[Webcast Transcript] From Breach to Insight: Incident Response & PII Recovery

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Editor’s Note: In this informative webcast, Christopher Wall, DPO and Special Counsel for Global Privacy and Forensics at HaystackID, moderates a compelling discussion titled “From Breach to Insight: Incident Response and PII...more

Arnall Golden Gregory LLP

Seventh Circuit Affirms Liability in AKS-Based FCA Suit But Vacates Award of Damages

The United States Court of Appeals for the Seventh Circuit recently considered a district court’s nearly $6 million judgment in a qui tam False Claims Act (“FCA”) suit based on Anti-Kickback Statute (“AKS”) violations. The...more

Goodwin

FTC Enters Settlement with California-based Lead Generator

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On January 2, 2024, the Federal Trade Commission (FTC) announced it had reached a settlement with a California-based lead generator resolving allegations that the company facilitated illegal telemarketing calls. This lead...more

BCLP

New York May Lead the Pack Through Imposition of Data Excise Taxes

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New York may lead the charge on implementation of data excise taxes (i.e., “data mining taxes”) which will impose taxes on businesses that collect personal data. These data excise taxes primarily target large tech companies...more

Snell & Wilmer

Arizona Chamber of Commerce and GOP Leaders Challenge EPA’s PM-2.5 Standard in Court

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In a move that could have significant implications for Arizona’s environmental policy and economy, the Arizona Chamber of Commerce and Republican leaders of the Arizona legislature have filed a lawsuit against the...more

Morrison & Foerster LLP

EU AI Act – Landmark Law on Artificial Intelligence Approved by the European Parliament

The highly anticipated EU Artificial Intelligence Act is finally here! With extra-territorial reach and wide-reaching ramifications for providers, deployers, and users of Artificial Intelligence (“AI”), the Artificial...more

Sunstein LLP

Examining the Possibility of Compulsory Copyright Licensing for LLM Training

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ChatGPT and similar generative artificial intelligence (AI) tools rely on large language models (LLMs). LLMs are fed massive amounts of content, such as text, music, photographs and film, which they analyze to discover...more

Houston Harbaugh, P.C.

Will Cryptocurrency and Data Mining Add New Complexity to Oil & Gas Zoning?

Houston Harbaugh, P.C. on

Questions about the zoning of oil and gas development operations have persisted in Pennsylvania for years. Now, cryptocurrency and data mining operations may create new wrinkles in long-running disputes about oil and gas...more

Mintz

EnforceMintz — Government Scrutiny of Medicare Advantage Organizations Expected to Continue in 2024

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Medicare Advantage (also known as Medicare Part C) remains a top enforcement priority as evidenced by False Claims Act (FCA) investigations and litigation involving nearly all large Medicare Advantage Organizations (MAOs). As...more

The Volkov Law Group

DOJ’s New Mantra — Data and Detection

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The technology revolution and the rise of information and data permeates every aspect of our economy and daily lives.  It is not surprising then that the Department of Justice and other law enforcement agencies are embracing...more

Jackson Lewis P.C.

Downstream Breaches Cause Headaches for Healthcare Providers, as State AG Seeks Law Change to Require AG Notification

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For healthcare providers and health systems covered by the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA), a breach of unsecured protected health information (PHI)...more

MoFo Tech

AI Trends For 2024 - EU Copyright Law: AI Act On The Home Stretch

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Generative artificial intelligence (“GenAI”) challenges EU copyright law, from the AI training to the protectability and liability risks of its output. The EU’s forthcoming AI Act takes first steps towards AI-specific...more

Foley & Lardner LLP

Health-Care Fraud Scrutiny Heats Up For Companies, Providers

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This year will see a continued proliferation of enforcement against health-care fraud, with old and new theories. Some hot spots for enforcement will involve cases about new technologies; data outliers; entities perceived as...more

Association of Certified E-Discovery...

[Webinar] Data Mining 2.0: How WatchtowerAI Transforms Incident Response - December 6th, 1:00 pm - 2:00 pm EST

In today’s digital landscape, organizations face a constant threat of cybersecurity incidents. Identifying sensitive information and promptly notifying relevant parties during an incident is a daunting challenge. The current...more

Nextpoint, Inc.

Modern eDiscovery Solutions: The Case for the Cloud in 2023

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While the cloud has become commonplace in our everyday lives, many legal teams are still missing out on the benefits of cloud-based ediscovery software. As of 2021, there is a 50/50 split between ediscovery solutions...more

Latham & Watkins LLP

UK Government to Consult AI Firms and Creative Sector in Revising Text and Data Mining Exception Proposal

Latham & Watkins LLP on

The government has announced it will come up with a new code of practice to replace an earlier approach that faced opposition from the creative sectors. Latham previously reported on the UK government’s proposal to...more

Nextpoint, Inc.

DeNISTing in Ediscovery: What It Is and Why You Should Care

Nextpoint, Inc. on

DeNISTing in ediscovery is one of the many technical strategies utilized during the processing stage to eliminate irrelevant data from a document collection. With the high volume of legal data seen in most litigation...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 116 | Brett Burney of Nextpoint sits down with Kaylee & Mary

Brett Burney, eLaw Evangelist of EDRM Trusted Partner, Nextpoint, and principal at Brett Burney Consultants, sits down with Kaylee & Mary to talk about his journey to eDiscovery, what he is looking forward to at Legalweek and...more

Society of Corporate Compliance and Ethics...

CEP Magazine - February 2023. Compliance hotline cases: A risk-based approach

Compliance professionals regularly face various work-related challenges, yet the one shared most by everyone is timely access to accurate information. Such timely access is the key to compliance effectiveness mitigating the...more

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