On April 1, the Conference of State Bank Supervisors (CSBS) submitted a letter to the House Financial Services Committee expressing concerns with an introduced draft of H.R. 2392—the Stablecoin Transparency and Accountability...more
We previously reported on the groundbreaking AI Fair Use ruling in the Thomson Reuters Ross Intelligence case, where the court found that based on the facts of this case fair use was not a defense. Ross Intelligence moved,...more
In a recent post about legal issues with the social casino sweepstakes model, we indicated that a recent RICO lawsuit against a social casino sweepstakes model, which also named Apple and Google, was dismissed voluntarily by...more
The power of large language models (LLMs) that enables generative AI derives from vast quantities of data. Much of this data comes from scraping all forms of content from the internet. Despite the benefits, this practice...more
We recently wrote about the flurry of legal issues with the social casino sweepstakes model. Now, the New York State Senate Racing, Gaming, and Wagering Committee passed S5935, a bill that, if fully approved and enacted,...more
3/25/2025
/ Enforcement Actions ,
Financial Institutions ,
Gaming ,
New Jersey ,
New Legislation ,
New York ,
Online Gaming ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
RICO ,
Sweepstakes
The Federal Trade Commission recently requested public comment from users of tech platforms. In particular, the impact the platforms may have on user speech. Input is sought -by May 21- on the extent to which tech firms are...more
3/11/2025
/ Censorship ,
Comment Period ,
Competition ,
Digital Platforms ,
Federal Trade Commission (FTC) ,
First Amendment ,
Online Platforms ,
Privacy Laws ,
Regulatory Agenda ,
Social Media ,
Technology Sector
While AI has many people uptight, Aescape has developed technology to help you relax – AI robotic massage. Aescape touts that it combines the timeless art of massage with robotics and artificial intelligence to deliver an...more
3/11/2025
/ Artificial Intelligence ,
Data Privacy ,
Data Protection ,
Healthcare ,
Intellectual Property Protection ,
Liability ,
Licensing Rules ,
Marketing ,
Privacy Laws ,
Regulatory Requirements ,
Risk Management ,
Robots ,
Technology Sector
Social casino games remain incredibly popular and profitable. This success has drawn attacks from plaintiffs’ class action lawyers in the form of gambling loss recovery lawsuits and other consumer-based actions. Some have...more
Individually, AI and blockchain are among the hottest, most transformative technologies. Collectively, they are incredibly synergistic – hence the 1+1=3 concept in the title. We are seeing more examples of how the two will...more
2/19/2025
/ Algorithms ,
Artificial Intelligence ,
Blockchain ,
Data Privacy ,
Digital Assets ,
Federal Trade Commission (FTC) ,
Intellectual Property Protection ,
Legislative Agendas ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Technology Sector
In the latest string of gambling cases involving social casino-style apps out of Washington state, a federal jury has awarded a class of players nearly $25 million for injuries arising from the use of two of High 5 Game’s...more
2/13/2025
/ Casinos ,
Class Action ,
Compliance ,
Consumer Litigation ,
Consumer Protection Laws ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Gambling ,
Gaming ,
Regulatory Requirements ,
Risk Management ,
Washington
In one of the most closely-watched copyright cases this year, a Delaware court rejected defendant, ROSS Intelligence’s (“ROSS”), fair use and other defenses by vacating its previous stance and granting summary judgement in...more
2/12/2025
/ Artificial Intelligence ,
Competition ,
Copyright ,
Copyright Infringement ,
Data Collection ,
Fair Use ,
Intellectual Property Litigation ,
Legal Technology ,
Machine Learning ,
Software ,
Technology Sector
The U.S. Securities and Exchange Commission (SEC) has launched a ‘Crypto Task Force’ page on its website, outlining the agency’s crypto regulatory agenda under the agency’s new leadership. This initiative follows the exit of...more
2/7/2025
/ Blockchain ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
FDIC ,
FinTech ,
Regulatory Agenda ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Trump Administration
Until fall 2023, there were few SEC enforcements or litigations involving securities issues with non-fungible tokens (“NFTs”). This has changed dramatically. In rapid succession last fall, the SEC undertook two enforcements...more
1/2/2025
/ Blockchain ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Enforcement Actions ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Regulatory Agenda ,
Regulatory Requirements ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Virtual Currency
This year, the SEC has ramped up its enforcement efforts against digital asset marketplaces for selling non-fungible tokens (“NFTs”) (and other digital assets) the agency alleges are securities. In response, some potential...more
1/2/2025
/ Bitcoin ,
Blockchain ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Enforcement Actions ,
Non-Fungible Tokens (NFTs) ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation ,
Securities Violations ,
Virtual Currency
The U.S. Securities and Exchange Commission (SEC) has taken a significant step in its regulatory scrutiny of blockchain gaming projects by issuing a Wells notice to CyberKongz, a prominent NFT gaming platform. This...more
Yet another “celebrity” token memecoin project seeking to leverage a “cultural movement” has become the subject of a lawsuit alleging that the tokens were unregistered securities. A group of plaintiffs recently sued over the...more
Defendant Lovo has moved to dismiss an amended complaint alleging that the voice actor Plaintiffs’ voices were unlawfully cloned by Defendant Lovo’s AI Voice Generator. Plaintiffs allege that Lovo’s CEO stated on a podcast...more
12/13/2024
/ Advertising ,
Amended Complaints ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
False Advertising ,
Intellectual Property Protection ,
Lanham Act ,
Misappropriation ,
Motion to Dismiss ,
Name and Likeness
In a strategic move to preserve their right to seek reconsideration of previously dismissed DMCA § 1202(b) claims, the plaintiffs in Andersen v. Stability AI have voluntarily dismissed with prejudice all DMCA claims. The...more
We have previously reported on the Jobiak case which raises the interesting issue of whether an AI-scraped job database is subject to copyright protection and is infringed. We were hoping that the court would make substantive...more
11/4/2024
/ Artificial Intelligence ,
Automation Systems ,
Bots ,
Computer Fraud and Abuse Act (CFAA) ,
Copyright ,
Copyright Infringement ,
Dismissals ,
DMCA ,
Federal Rule 12(b)(6) ,
Federal Rules of Civil Procedure ,
Intellectual Property Protection ,
Leave to Amend ,
Machine Learning ,
Penal Code ,
Personal Jurisdiction ,
Technology ,
Unfair Competition ,
Web Scraping
On October 24, the CFPB issued Circular 2024-06, which warns companies using third-party consumer reports, particularly surveillance-based “black box” or AI algorithmic scores, that they must follow the Fair Credit Reporting...more
10/28/2024
/ Artificial Intelligence ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Reporting Agencies ,
Consumer Reports ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Personal Data ,
Popular ,
Privacy Laws ,
Regulatory Requirements ,
Surveillance
Introduced in response to certain digital media sellers (e.g., game publishers) revoking consumer access to purchases with little to no recourse, AB 2426 forces sellers of “digital goods,” such as movies, apps, games, books...more
10/11/2024
/ Blockchain ,
Buyers ,
California ,
Digital Goods ,
Digital Media ,
Gaming ,
Goods or Services ,
New Legislation ,
Non-Fungible Tokens (NFTs) ,
Purchasers ,
Regulatory Reform ,
Scope of License ,
Terms of Service ,
Video Games
Governor Gavin Newsom has made waves by signing five new bills aimed at tackling the challenges posed by deepfakes in California, with two bills covering digital replicas of performers and three focused on elections and...more
9/19/2024
/ Advertising ,
Artificial Intelligence ,
Artificial Reproduction ,
California ,
Deep Fake ,
Governor Newsom ,
Legislative Agendas ,
New Legislation ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government
On August 28, the CFPB issued a Consumer Advisory warning that it believes video game companies are targeting children for monetary gain. With 45.7 million U.S. children engaged in video gameplay, the agency is concerned...more
9/18/2024
/ Business Model ,
Consumer Advisory Board ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Cybersecurity ,
eSports ,
FinTech ,
Gaming ,
Online Gaming ,
Online Platforms ,
Online Safety for Children ,
Privacy Laws ,
Technology Sector
On August 28, the CFPB issued a Consumer Advisory warning that it believes video game companies are targeting children for monetary gain. With 45.7 million U.S. children engaged in video gameplay, the agency is concerned...more
9/16/2024
/ Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Financial Services Industry ,
FinTech ,
Online Safety for Children ,
Privacy Laws ,
Rulemaking Process ,
Video Games
As general interest and investment in AI has accelerated since the initial public launch of ChatGPT, so too has the U.S. federal government both increased its spending in the area and the speed with which it adopted...more
8/7/2024
/ Acquisitions ,
Artificial Intelligence ,
Bias ,
Bots ,
Cross-Border ,
Data Privacy ,
Government Agencies ,
Intellectual Property Protection ,
IP License ,
Machine Learning ,
Mergers ,
Patents ,
Policies and Procedures ,
Regulatory Requirements ,
Trade Secrets