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How to Explain Automated Decisions: Recent CJEU Decision and CPPA Rulemaking Offer Insight into ADM Explainability

Automated decision-making, or ADM, is used for a wide range of use cases that impact individuals — from processing insurance claims and credit scoring, to ranking job candidates and offering personalized pricing or targeted...more

Location, Location, Location: California Attorney General Investigative Sweep and State Law Proposal Target Location Data

On March 10, the California attorney general’s office announced an “ongoing investigative sweep into the location data industry” (“investigative sweep”) for compliance with the California Consumer Privacy Act’s (“CCPA”)...more

“VPPA Is No Dinosaur Statute” – Second Circuit Breathes New Life Into Federal Video Privacy Protection Act

“Our modern means of consuming content may be different, but the Video Privacy Protection Act (“VPPA”)’s privacy protections remain as robust today as they were in 1988,” wrote Second Circuit Judge Beth Robinson in the...more

Children’s Data Update: From FTC and State Agency Enforcement to KOSA Advancing the Senate

On July 7, the FTC and the Los Angeles District Attorney’s Office filed a complaint in the United States District Court for the Central District of California against the developer of an anonymous messaging app (NGL Labs,...more

Artificial Discrimination: AI Vendors May Be Liable for Hiring Bias in Their Tools

A federal court in California largely rejected the workplace screening company WorkDay’s motion to dismiss a hiring discrimination lawsuit brought against the company for its role in screening and evaluating job applicants....more

From Song Beverly to CIPA: Wave of Privacy Litigation in California Targets IP Addresses

An Internet Protocol (IP) address is a unique identifier assigned to a device that is connected to a computer network. In the internet ecosystem, the IP allows a network host to communicate with a network participant and...more

ROP on the Rise: Right of Publicity Claims Will Rise as States Address AI Generated Deepfakes and Voice Cloning

Laws prohibiting the use of a person’s likeness for commercial gain have been in effect for some time, testing everything from the value of an influencer’s endorsement to “freemium” reports by people search companies....more

[Webinar] Privacy Litigation & Mass Arbitration Demands: How to Mitigate Risks for your Business in 2024 - January 30th, 10:00 am...

2023 saw a continued uptick in privacy litigation filings throughout the United States, with Plaintiffs counsel taking aim at cookies, session replay, video URLs, online “doxing” and the use of other online tracking...more

Your Employees Are Using ChatGPT and Other LLMs: Risks and Legal Implications of ChatGPT in the Workplace

ChatGPT’s recent public debut caused a public stir with commentators imagining the tool’s ability to both streamline individual workflows and reduce workforces. ChatGPT is one type of a large language model (LLM) that...more

The Three C's To Consider Before Deploying AI Technologies: Contracts, Compliance and Culture

Before a business deploys an Artificial Intelligence/Machine Learning (AI/ML) or automated technology, there are three critical considerations: Contracts, Compliance, and Culture. This article is the second in a series and...more

The Three C’s to Consider Before Deploying AI Technologies: Contracts, Compliance, and Culture

C #1:  Contracts: Top Considerations for AI Vendor Management and Negotiating AI Contracts In the age of innovation, many businesses are leveraging AI/ML technologies and automated decision-making tools to advance business...more

Office of Civil Rights Issues Guidance on the Use of Third-Party Tracking Technologies by HIPAA-Regulated Entities

The U.S. Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) issued guidance regarding the obligations of HIPAA Covered Entities and Business Associates under the HIPAA Privacy, Security, and...more

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