Privacy and cybersecurity are incredibly dynamic, and in 2025 we have committed ourselves to a look ahead post every six months, with the next one in July 2025. The new Congress convened on January 3, 2025, and a new administration starts on January 20. Most state legislatures reconvene in early-to-mid January. If you track privacy…

The prospects for and the effect of a comprehensive federal data privacy act remain uncertain. There are no indications that any comprehensive federal data privacy act will be considered by Congress this year, and questions and debates remain around whether federal privacy law will preempt state legislation or whether it will function as a minimum…

Artificial Intelligence (AI) tools are becoming commonplace in workplace. According to Equal Employment Opportunity Commission (EEOC) Chair Charlotte Burrows, “as many as 83 percent of employers and up to 99 percent of Fortune 500 companies now use some form of automated tool to screen or rank candidates for hire.”

Just as the use of AI…

“More needs to be done to create a safe online space for children to learn, explore, and play.”

This was the unanimous finding of the California legislature in 2022, and, since that time, other stakeholders have agreed. Voters, parents, the President, and legislators have all suggested that something will, and needs…

Data breaches are on the rise.  So are the lawsuits that follow.  This has led to an environment where cyber-forensics service providers are more important than ever.  Clients seeking these services, however, often do so after becoming the unwilling victims of a data breach.  And those circumstances create uncertainty for protecting — either as attorney-client…

2023 has seen a flurry of general state privacy laws, with twelve (12) such laws now on the books.  The next one to “go live,” on December 31, 2023, is the Utah Consumer Privacy Act (UCPA).  With no general federal privacy law in sight, the state privacy landscape continues to get more crowded and challenging…

As consumer demand for new artificial intelligence (“AI”) tools continues to grow, businesses must be prepared to build tools with “privacy by design” principles in mind, and to remain educated about privacy best practices and risk mitigation strategies when working with AI. The following areas provide the greatest opportunities to manage data privacy risks and…

As businesses race to adopt Artificial Intelligence, the insurance industry is navigating a fast-evolving and complex web of risks. From bodily injury to securities fraud, AI is triggering claims that span nearly every corner of liability coverage. In this post, insurance litigator Seth explores the fast-moving intersection of AI and insurance—and why companies need to…

AI is evolving at a breakneck pace, making it increasingly difficult for businesses and legal professionals to track critical developments. Whether you’re an AI model developer, deployer, investor, or infrastructure provider, staying informed on AI’s risks and benefits requires a strategic approach. This article explores key AI regulatory trends and offers a framework for organizations…

Data brokers face significant compliance challenges in the evolving landscape of data privacy laws. With multiple state regulations, stringent registration requirements, and heightened enforcement, data brokers must take proactive steps to mitigate risk. Here are five key compliance takeaways:

  • Broad Definition of Data Brokers – Many businesses may unknowingly qualify as data brokers under laws
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In our earlier post, we wrote:

“Through December 20, 2024, 575 security incidents involving unsecured protected health information affecting 500 or more individuals had been reported to Health and Human Services. Through the same date in 2023, 265 incidents had been reported. On December 27, 2024, the Office of Civil Rights at HHS issued…

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Contracts, laws and regulations require privacy compliance, and good business practices demand it. This blog is designed to inform our clients and readers about developing privacy issues and regulatory updates, and provide alerts on cyber security stories and data breaches that impact various data privacy and security requirements.