Tech Talk
The speed at which we currently exchange information can make the business world seem small. Moreover, the advent of Artificial Intelligence has transformed the ways in which professionals and companies operate. Our increased reliance on enhanced connectivity, faster data sharing, and AI have multiplied the potential risks, vulnerabilities, and liabilities for companies and individuals in every business sector.
Authored by attorneys from our Data Security & Privacy Team, the Tech Talk Blog provides a look into this ever-changing field of law and offers insights into all things related to data privacy, data and content ownership, AI and cybersecurity. Topics include information technology and data security, AI, relevant legislation or regulations in multiple jurisdictions, cybersecurity insurance, the use of biometric data, proprietary name/image/likeness issues, GPS and tracking software, safeguarding of trade secrets, the use of social media, license agreements, privacy policies, and terms of use/service in various industries.
Authored by attorneys from our Data Security & Privacy Team, the Tech Talk Blog provides a look into this ever-changing field of law and offers insights into all things related to data privacy, data and content ownership, AI and cybersecurity. Topics include information technology and data security, AI, relevant legislation or regulations in multiple jurisdictions, cybersecurity insurance, the use of biometric data, proprietary name/image/likeness issues, GPS and tracking software, safeguarding of trade secrets, the use of social media, license agreements, privacy policies, and terms of use/service in various industries.
Federal Court Makes It Harder for Plaintiffs to Bring Data Breach Claims
In a recent federal case from New York, the court dealt a blow to plaintiffs suing over data breaches. The plaintiffs had filed a putative class action suit, alleging that they (and others like them) had been harmed by the alleged exposure of their personal and financial information due to a March 2023 data breach of the American Bar Association (ABA). Ultimately, the court ruled in favor of the ABA, dismissing the complaint.
SEC Issues First AI-Related Civil Penalties and Warns Against “AI Washing”
On March 18, 2024, the Securities and Exchange Commission (SEC) entered into settlements with two companies, which agreed to pay significant civil penalties for “AI Washing.” AI Washing entails making false statements regarding the use of artificial intelligence technology. The enforcement actions are the first in which the SEC has charged companies with violating federal securities laws in connection with AI disclosures, and portends the exposure companies risk when making claims regarding the use of artificial intelligence.
FTC Fines Avast Limited for Collection and Sale of Consumer Browsing Data
On February 22, 2024, the FTC fined Avast Limited, a United Kingdom-based company, $16.5 million for a data collection and sale scheme in which Avast and its subsidiaries were engaged from 2014 through 2020.
Consumer Data Collection and Privacy: Best Practices and Risk Mitigation Strategies for Franchise Systems
Over the past decade, companies have increasingly turned to the collection of consumer personal data to help them better understand and adapt to the habits, preferences, and needs of consumers, engage in targeted marketing, and gain insight into the broader marketplace—that is, to better compete. Some businesses have also quietly used the sale of their consumers’ personal data to third parties as an additional source of revenue.
President Biden’s Latest Executive Order Mandates Expansive U.S. Agency Regulation of AI and Encourages Protection of Citizens’ Privacy
On October 30, 2023, President Biden issued a comprehensive and ambitious Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence to attempt to regulate AI to protect the security of US citizens.
SEC’s New Cyber Incident Disclosure Requirements Will Go Into Effect in December
The Securities and Exchange Commission (SEC) voted on Wednesday, July 26, to adopt new rules regarding reporting cybersecurity incidents. Come December 2023, public companies will have a very narrow window to report cybersecurity incidents that materially affect their companies. Companies will also have to report annually how they assess and manage cybersecurity threats at the Board and management levels. Learn more about how the new rules will affect public companies.
What Does the Florida Digital Bill of Rights Mean for Your Business?
On June 6, 2023, Florida Governor Ron DeSantis signed Senate Bill 262, also known as the "Florida Digital Bill of Rights" (FDBR), into law. The FDBR will become effective on July 1, 2024, giving businesses just over a year to prepare for compliance. The law brings significant changes by expanding the definition of "personal information" in Florida's existing Information Protection Act, Chapter 501.171. Learn about how this new law will significantly impact companies that collect consumer data.