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Raft of California AI Legislation Adds to Growing Patchwork of US Regulation

Once again, California is flexing its market power by taking bold and wide-ranging legislative action to regulate the use and deployment of artificial intelligence ("AI") systems. In 2024, the California ("CA") Legislature...more

Regulators and businesses race to keep up with rapid innovation

Over the past two decades, innovation has shifted from the physical to the digital world. Data has become the lifeblood not only of e-commerce, but also of the full range of economic and social activity, including in the...more

California’s Attorney General Announces $ 500,000 Settlement for CCPA and COPPA Violations Regarding Children’s Data

In June 2024, California Attorney General Rob Bonta and Los Angeles City Attorney Hydee Feldstein Soto announced a $500,000 settlement1 with Tilting Point Media LLC (Tilting Point). After a joint investigation by the...more

Newly passed Colorado AI Act will impose obligations on developers and deployers of high-risk AI systems

The Colorado Artificial Intelligence Act will impose mounting obligations on developers and deployers of high-risk AI systems in an effort to protect consumers from discriminatory consequential decisions by such systems....more

CPPA Enforcement Division Issues First Enforcement Advisory on Data Minimization

On April 2, 2024, the California Privacy Protection Agency's (CPPA) Enforcement Division issued its first enforcement advisory, titled "Applying Data Minimization to Consumer Requests," to further emphasize the importance of...more

Proposed American Privacy Rights Act seeks to establish a comprehensive national framework for data privacy

Proposed American Privacy Rights Act of 2024 seeks to establish national consumer data privacy rights, govern Artificial Intelligence and automated decision-making, impose additional obligations on high-impact social media...more

Recent Proliferation of Lawsuits Under New Jersey’s Daniel’s Law

Plaintiffs' attorneys recently have filed a series of lawsuits in New Jersey, seeking damages based on alleged violations of Daniel's Law (N.J. Stat. § 56:8-166.1). The suits allege that various website operators have...more

CCPA Settlement Illustrates Continued Focus on the Sale of Consumer Personal Information

On February 21, 2024, California Attorney General Rob Bonta ("Cal AG") announced that his office reached a settlement with DoorDash, the food delivery service company, for violating the California Consumer Privacy Act...more

New Executive Order Seeks to Protect Americans' Sensitive Personal Data

On February 28, 2024, President Biden signed Executive Order 14117 on "Preventing Access to Americans' Bulk Sensitive Data and United States Government-Related Data by Countries of Concern" (the EO).1 The EO calls for the...more

DOJ and FTC Update Guidance on Preservation Obligations regarding Ephemeral Messages - What Steps Should You Be Taking?

On January 26, 2024, the DOJ and FTC announced that they were updating the language in their "standard preservation letters and specifications for all second requests, voluntary access letters, and compulsory legal process,...more

“The Laws on the Books Continue to Apply” - Federal Trade Commission Convenes Technology Summit Exploring AI Policy

Last week, on January 25, 2024, the US Federal Trade Commission (FTC) held an inaugural public summit on artificial intelligence (AI) policy, as the agency explores antitrust and consumer protection challenges posed by the...more

What to Expect in U.S. Privacy for 2024

In 2023, the privacy landscape saw a proliferation of comprehensive state data privacy laws being enacted in several jurisdictions, as well as a few that have also taken effect. Although, many of the laws are similar,...more

Key Considerations for Updating 2023 Annual Report Risk Factors

With the 2023 annual report season upon us, it is time for companies to take stock of risk factors for 10-Ks and 20-Fs, and consider whether recent economic, political, technological, and regulatory developments have had (or...more

The Data Act – the EU's bid to "ensure fairness in the digital environment and a competitive data market" – has been adopted

On November 27, 2023, the European Union ("EU") adopted the final text of the Data Act, marking an effort to create a harmonized, cross-sectoral data sharing framework with the stated goal of ensuring fair access to and use...more

Supreme Court Declines to Reconsider Foundational Principles of Internet Platform Liability

On May 18, 2023, in Twitter, Inc. v. Taamneh, the Supreme Court issued a unanimous opinion declining to impose secondary liability on tech companies for allegedly failing to prevent ISIS from using their platforms for...more

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