January saw activity in the copyright infringement lawsuit filed by a group of authors led by comedian Sarah Silverman against OpenAI. A magistrate judge ordered the AI pioneer to produce its datasets, which are used for...more
Crafting an AI Governance policy best suited for your business requires careful consideration of the types of AI, how AI will be used, current and future legislation, and a group of individuals specifically designated to...more
It was a busy year for AI in 2024, and the Benesch AI Commission continued to follow the headlines and stay on top of legal developments. We wanted to take a look back at the year while also looking forward with some...more
1/29/2025
/ Amazon ,
Artificial Intelligence ,
China ,
Emerging Technologies ,
EU ,
Innovation ,
Legal Technology ,
Machine Learning ,
New Legislation ,
Partnerships ,
Pending Litigation ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
Risk Management ,
Technology Sector
The Children’s Online Privacy Protection Act (“COPPA”) Rule, which became effective in 2000 and was amended only once in 2013, aims to protect children’s privacy by establishing requirements for websites and online services...more
1/27/2025
/ Advertising ,
Amended Rules ,
Consent ,
Consumer Privacy Rights ,
COPPA ,
Data Privacy ,
Data Retention ,
Data Security ,
Federal Trade Commission (FTC) ,
Online Safety for Children ,
Privacy Laws
The Artificial Intelligence revolution is here to stay, and so is the need for establishing a corporate policy on the use of AI in the workplace. For business leaders, there are a range of considerations to address when...more
The questions below are intended to help in-house counsel obtain the most important information related to technology projects so they can evaluate risks to the company’s data, intellectual property, and commercial interests,...more
5/17/2023
/ Commercial Contracts ,
Confidential Information ,
Contract Terms ,
Corporate Counsel ,
Cybersecurity ,
Data Protection ,
Information Technology ,
Performance Standards ,
Risk Management ,
Third-Party Service Provider ,
Trade Secrets
Beginning in January 2023, three new state privacy laws (and their applicable regulations) come into effect. They largely follow in the footsteps of the California Consumer Privacy Act that took effect in 2018. The new laws...more
Beginning in January 2023, three new state privacy laws (and their applicable regulations) come into effect. Additionally, several other countries have taken steps to implement or shore up their own privacy and data...more
This past week, United States Senator Sherrod Brown proposed a draft data privacy bill aptly named the Data Accountability and Transparency Act of 2020 (DATA). The DATA seeks to restructure the current “consent” privacy...more
Imagine waking up to an email, or receiving a text message, that alerts you to the news that you have or may have been exposed to someone who tested positive for COVID-19. No, this is not a hoax and, no, your email and/or...more
It’s that time. The December 6, 2019, deadline to submit comments on the proposed California Consumer Privacy Act (CCPA) regulations has come and gone and the CCPA will go into effect in 14 days. Submitted comments - 1,726...more
California’s data protection law is set to go into effect in early 2020, and California lawmakers continue to propose significant amendments that would substantively change material provisions of the law, including provisions...more
Tax season is upon us, and as millions of people nationwide are preparing to file their tax returns, the Internal Revenue Services (IRS) has issued an urgent warning regarding a recurring e-mail phishing scheme targeting...more
Now that the United Kingdom has voted to withdraw from the European Union (commonly known as “Brexit”), we turn to the question of how Brexit will affect intellectual property rights in the UK and Europe.
The good news...more
After nearly four months of diplomatic discussions, negotiators reached agreement on February 2, on how the U.S. and the European Union share data across the Atlantic. The new agreement, called the EU-U.S. Privacy Shield,...more