Welcome to our seventh 2024 issue of Decoded - our technology law insights e-newsletter. We have a few events we want to pass along to those interested in technology, but also other areas of law and business....more
8/1/2024
/ Artificial Intelligence ,
Bots ,
CEOs ,
Chevron Deference ,
Construction Industry ,
Cyber Incident Reporting ,
Cyber Threats ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
Educational Institutions ,
Financial Regulatory Reform ,
Food and Drug Administration (FDA) ,
Healthcare ,
Laboratory Developed Tests ,
Machine Learning ,
Patent-Eligible Subject Matter ,
Private Schools ,
Regulatory Agenda ,
Regulatory Requirements ,
Technology Sector ,
USPTO
July 29, 2024 Welcome to the seventh issue of The Academic Advisor – our e-newsletter focused on education law insights.
In this final summer edition, we look ahead to the new academic year and cover the following...more
7/30/2024
/ Admissions ,
Artificial Intelligence ,
Biden Administration ,
College Athletes ,
Colleges ,
Cyber Threats ,
Cybersecurity ,
Department of Education ,
Educational Institutions ,
Employees ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
Machine Learning ,
NCAA ,
Race Discrimination ,
SAVE Act ,
SCOTUS ,
Sex Discrimination ,
Sports ,
Student Athletes ,
Technology ,
Title IX ,
Transgender ,
Universities
Welcome to our third issue of The Health Record - our healthcare law insights e-newsletter!
We are winding down the summer with our talented group of law students and they have continued to research and write, shadow...more
7/25/2024
/ Administrative Procedure Act ,
Artificial Intelligence ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Department of Health and Human Services (HHS) ,
Food and Drug Administration (FDA) ,
Government Agencies ,
Health Care Providers ,
Healthcare ,
Hospitals ,
Insurance Industry ,
Judicial Authority ,
Legislative Agendas ,
Life Sciences ,
Loper Bright Enterprises v Raimondo ,
New Legislation ,
New Regulations ,
Pharmaceutical Industry ,
Regulatory Authority ,
Regulatory Reform ,
SCOTUS ,
Statutory Interpretation ,
Technology ,
Telehealth ,
Transgender
Welcome to the sixth issue of The Academic Advisor – our e-newsletter focused on education law insights.
For this mid-summer edition, we take a deeper look at the newest developments regarding the 2024 amendments to...more
7/3/2024
/ Athletes ,
Biden Administration ,
Board of Education ,
Colleges ,
Cybersecurity ,
Department of Education ,
Educational Institutions ,
Employees ,
Federal Student Aid ,
Name and Likeness ,
New Legislation ,
OCR ,
Preliminary Injunctions ,
Proposed Legislation ,
Public Schools ,
Regulatory Agenda ,
Sex Discrimination ,
Title IX ,
Universities
We are pleased to announce that several of the firm’s practice groups and attorneys were recognized in the 2024 edition of Chambers USA, a directory of leading law firms and attorneys. Chambers and Partners annually...more
6/14/2024
/ Antitrust Provisions ,
Artificial Intelligence ,
Broadband ,
China ,
Communications Act of 1934 ,
Construction Industry ,
CRISPR ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Security ,
Department of Health and Human Services (HHS) ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Incident Response Plans ,
Machine Learning ,
OCR ,
OSHA ,
Ransomware ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Sensitive Personal Information ,
Unfair Competition
MIT Report Details New Cybersecurity Risks -
“Cloud misconfigurations, more sophisticated ransomware, and vendor exploitation attacks are contributing to rising cyberattacks.”
Why this is important: Worldwide spending...more
5/14/2024
/ Artificial Intelligence ,
Biometric Information ,
Biotechnology ,
Breach Notification Rule ,
Copyright ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Protection ,
Employees ,
Employer Liability Issues ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
GAO ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Innovative Technology ,
Intellectual Property Protection ,
Life Sciences ,
Machine Learning ,
NATO ,
NIST ,
Non-Compete Agreements ,
Personal Data ,
Policies and Procedures ,
Privacy Laws ,
Regulatory Requirements ,
Restrictive Covenants ,
State Privacy Laws ,
Technology Sector ,
Unfair Competition
Welcome to the fourth issue of The Academic Advisor for 2024.
We begin this edition with discussion of Title IX of the Education Amendments of 1972. On April 19, 2024, the U.S. Department of Education released its...more
5/2/2024
/ Artificial Intelligence ,
Censorship ,
College Athletes ,
Colleges ,
Concealed Weapons ,
Department of Labor (DOL) ,
Educational Institutions ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Governor DeSantis ,
New Regulations ,
Over-Time ,
Pregnant Workers Fairness Act ,
Salary/Wage History ,
School Districts ,
School Sports ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
Students ,
Title IX ,
Title IX Coordinator ,
Training ,
Transgender ,
Universities ,
Virginia ,
West Virginia v BPJ
Welcome to our fourth issue of 2024 for our construction industry insights e-newsletter - The Site Report.
In our Ask the Attorney segment at the bottom of this e-newsletter, we introduce you to Todd Biddle, Member in...more
4/11/2024
/ American Arbitration Association ,
Arbitration ,
Artificial Intelligence ,
Bridges ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Dispute Resolution ,
Manufacturers ,
Mediation ,
Property Damage ,
School Safety ,
Supply Chain
Using AI to Build Cyber Resilience for Critical Infrastructure -
"Cyber resilience serves as a literal survival strategy, offering a framework to detect threats, understand attacks, recover swiftly, and adapt to...more
4/9/2024
/ Actors ,
Animation ,
Artificial Intelligence ,
Big Tech ,
Copyright ,
Copyright Infringement ,
CRISPR ,
Critical Infrastructure Sectors ,
Cyber Crimes ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Disclosure Requirements ,
Innovation ,
Intellectual Property Protection ,
Name and Likeness ,
Phishing Scams ,
Popular ,
Public Safety ,
Ransomware ,
School Safety ,
Securities and Exchange Commission (SEC) ,
Social Media ,
State and Local Government ,
Technology Sector ,
Unions
Welcome to the third issue of The Academic Advisor for 2024.
In this edition, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations:
-...more
4/1/2024
/ Artificial Intelligence ,
College Athletes ,
Colleges ,
Educational Institutions ,
First Amendment ,
Florida ,
Free Speech ,
Gender Identity ,
LGBTQ ,
Machine Learning ,
Online Safety for Children ,
Personal Information ,
Privacy Laws ,
Public Schools ,
Settlement ,
Sexual Orientation Discrimination ,
Sports ,
Student Athletes ,
Texas ,
Unions ,
Universities
HHS Cybersecurity Performance Goals and the Healthcare Industry -
The healthcare industry is a major target for cyberattacks because of all of the personal information collected from patients. Recognizing that the healthcare...more
3/8/2024
/ Artificial Intelligence ,
Automation Systems ,
Biden Administration ,
Biometric Information ,
Cancer ,
Climate Action Plan ,
Cybersecurity ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
EU ,
Financial Institutions ,
Financial Services Industry ,
Food and Drug Administration (FDA) ,
Fraud ,
Healthcare ,
Incident Response Plans ,
Life Sciences ,
Online Safety for Children ,
Personal Information ,
Pharmaceutical Industry ,
Privacy Laws ,
Securities and Exchange Commission (SEC) ,
Security Breach ,
Technology Sector
The Current Status of Privacy Laws Across the United States -
Unlike the General Data Protection Regulation (GDPR) in the European Union (EU), the United States does not have a nationwide comprehensive data privacy law....more
1/17/2024
/ 3D Printing ,
Algorithms ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
COPPA ,
Cybersecurity ,
Data Brokers ,
Data Protection ,
Data Security ,
Facial Recognition Technology ,
Hackers ,
Healthcare ,
Legislative Agendas ,
Medical Devices ,
New Legislation ,
New Regulations ,
New York ,
Online Safety for Children ,
Personal Data ,
Privacy Laws ,
Public Schools ,
Ransomware ,
Regulatory Agenda ,
State and Local Government ,
State Privacy Laws ,
Technology
In this final edition of the year, we cover the following issues of import for educational institutions:
- CFPB scrutiny of college-sponsored financial products;
- Changes ahead for Title IV program participants and...more
12/20/2023
/ Biometric Information ,
College Admissions ,
Colleges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Education ,
Educational Institutions ,
Gender Equity ,
Internal Communications ,
Loan Forgiveness ,
Privacy Laws ,
Race Discrimination ,
Student Athletes ,
Student Loans ,
Students ,
Teachers ,
Third-Party Service Provider ,
Title IV ,
Title IX ,
Universities
The Accreditation Overhaul for North Carolina (and Florida) Colleges -
Last month, North Carolina Governor Roy Cooper signed House Bill 8 (HB 8) into law. In addition to establishing a new computer science requirement for...more
11/8/2023
/ Accreditation ,
American Civil Liberties Union (ACLU) ,
Artificial Intelligence ,
Colleges ,
Cybersecurity ,
Data Protection ,
Data Security ,
Department of Education ,
Disability ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Electronic Monitoring ,
Financial Aid ,
First Amendment ,
Florida ,
Free Speech ,
Harassment ,
Information Technology ,
Name and Likeness ,
New Legislation ,
North Carolina ,
Online Safety for Children ,
Protests ,
Regulatory Agenda ,
Regulatory Requirements ,
Remote Working ,
Risk Management ,
Student Athletes ,
Students ,
Surveillance ,
Teachers ,
Technology ,
Universities
U.S. Department of Education Takes Action Against Five Schools for Disbursing Federal Student Aid to Students Enrolled in Unaccredited Programs -
“The settlement agreements include the payment of liabilities for all five...more
10/2/2023
/ Colleges ,
Corporate Transparency Act ,
Cybersecurity ,
Data Security ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Enforcement Actions ,
Federal Student Aid ,
Legislative Agendas ,
Personal Data ,
Research Funding ,
School Districts ,
Students ,
Tax Exempt Entities ,
Universities
Are Automakers Making Sufficient Efforts to Protect Customer Data?
With the ever-expanding Internet of Things, data privacy is a growing concern in today’s digital age. The automotive industry is no exception. The National...more
9/27/2023
/ Artificial Intelligence ,
Automotive Industry ,
Censorship ,
Consumer Privacy Rights ,
CRISPR ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data-Sharing ,
DNA ,
Educational Institutions ,
Hackers ,
Information Technology ,
Internet of Things ,
Life Sciences ,
Machine Learning ,
NHTSA ,
Personal Data ,
Popular ,
Regulatory Freeze ,
Regulatory Oversight ,
Risk Management ,
Social Media ,
Technology Sector
AI-Created Art isn’t Copyrightable, Judge Says in Ruling that Could Give Hollywood Studios Pause -
“A federal judge upheld a finding from the U.S. Copyright Office that a piece of art created by AI is not open to...more
9/5/2023
/ Artificial Intelligence ,
Big Data ,
Biometric Information ,
Copyright ,
Data Breach ,
Healthcare ,
Intellectual Property Protection ,
Life Sciences ,
Machine Learning ,
Nanotechnology ,
NASA ,
Outer Space ,
Personal Data ,
Tesla
You may be Entitled to Financial Compensation…for Your Data -
“Without all of our writings and photos that AI companies are using to train their models, they would have nothing to sell.”
Why this is important: This...more
8/4/2023
/ Algorithms ,
Artificial Intelligence ,
Biotechnology ,
Bots ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Deletion ,
Data Privacy ,
Educational Institutions ,
FCC ,
Federal Trade Commission (FTC) ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Investment ,
Life Sciences ,
Online Platforms ,
PHI ,
Ransomware ,
Ripple ,
School Districts ,
Securities ,
Securities and Exchange Commission (SEC) ,
Technology Sector
Understanding the New Pregnant Workers Fairness Act and Full Scope of Pregnancy-Related Discrimination Laws for Schools -
On June 27, 2023, the Pregnant Workers Fairness Act went into effect. This new law requires covered...more
8/3/2023
/ Affirmative Action ,
Artificial Intelligence ,
Civil Rights Act ,
Colleges ,
Cyber Attacks ,
Cybersecurity ,
Department of Education ,
Duty to Accommodate ,
Educational Institutions ,
Employer Liability Issues ,
Hackers ,
Legislative Agendas ,
LGBTQ ,
Loan Forgiveness ,
New Legislation ,
Personal Information ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Regulatory Agenda ,
School Districts ,
Sports ,
Sports Injuries ,
Student Loans ,
Title IX ,
Undue Hardship ,
Universities
Supreme Court Blocks Use of Race in Harvard, UNC Admissions in Blow to Diversity Efforts -
"In one of its most closely watched cases this year, the court ruled along ideological lines that the way the schools approached race...more
7/5/2023
/ Affirmative Action ,
Alston v NCAA ,
Artificial Intelligence ,
Biden Administration ,
Borrowers ,
Bots ,
Civil Rights Act ,
College Admissions ,
College Athletes ,
Colleges ,
Compensation ,
COPPA ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
Facial Recognition Technology ,
FERPA ,
Florida ,
Fourteenth Amendment ,
IDEA ,
Mental Health ,
Multidistrict Litigation ,
Name and Likeness ,
NCAA ,
Privacy Laws ,
Race Discrimination ,
Repayment Options ,
SCOTUS ,
Social Media ,
SRO ,
Student Loans ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Technology ,
Title IX ,
Title VI ,
Title VII ,
Universities
Generative AI has Its Risks, but the Sky isn't Falling -
“The threat organizations face with GenAI is not new, but it could speed how quickly private data reaches a wider audience.”
Why this is important: Generative...more
7/3/2023
/ Artificial Intelligence ,
Authorship ,
Biometric Information Privacy Act ,
Bots ,
Consumer Privacy Rights ,
Copyright ,
Data Protection ,
Facial Recognition Technology ,
Intellectual Property Protection ,
Liability ,
Machine Learning ,
Music Industry ,
Policy Statement ,
Popular ,
Privacy Laws ,
School Districts ,
Technology Sector ,
The Copyright Act
Cyber Resilience Programs Falling Short on Preparing Workers for a Crisis-
“At two-thirds of organizations, there is a fear that almost all employees, 95%, will not understand how to recover following a cyberattack.”
...more
6/1/2023
/ Artificial Intelligence ,
Biotechnology ,
Bots ,
Colleges ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Educational Institutions ,
Employees ,
Enforcement Actions ,
Financial Services Industry ,
Healthcare ,
Investment ,
Popular ,
Ransomware ,
Research and Development ,
School Districts ,
Technology Sector ,
Telehealth ,
Universities
Summer is Coming: Are Youth Camps Part of Your Clery Compliance Program?
“Regarding compliance and safety, many institutions have youth protection policies that camps must follow.”
Why this is important: The Jeanne...more
5/24/2023
/ Artificial Intelligence ,
Colleges ,
Cybersecurity ,
Debt ,
Educational Institutions ,
Loan Forgiveness ,
New Legislation ,
Ransomware ,
School Districts ,
Sports ,
Student Loans ,
Students ,
Universities
ChatGPT’s Impact on Education and Student Data Privacy -
Data privacy professionals have characterized the data privacy risks associated with ChatGPT as a “nightmare.” In order to function, open artificial intelligence...more
5/1/2023
/ Alabama ,
Burden of Proof ,
Colleges ,
Commercial Litigation ,
Content Publishing ,
Defamation ,
First Amendment ,
Fox News ,
Free Speech ,
Human Trafficking ,
Libel ,
New Legislation ,
Permits ,
Political Speech ,
Public Forum ,
Public Use ,
Religious Accommodation ,
SCOTUS ,
Settlement ,
Students ,
Universities
Rodney Keister was challenging the University of Alabama’s grounds use policy, which requires individuals to obtain a permit before speaking publicly on campus. In his arguments, Keister asserted that the space he was using...more
5/1/2023
/ Alabama ,
Appeals ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Permits ,
Policies and Procedures ,
Public Forum ,
Public Use ,
SCOTUS ,
Universities