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On the Road With Generative AI: Key Legal Considerations for the Automotive Industry

Generative AI is already an integral part of the automotive industry, playing a significant role in enhancing Advanced Driver Assistance Systems (ADAS) and making it possible for drivers to interact with their vehicles....more

Data Scraping, Privacy Law, and the Latest Challenge to the Generative AI Business Model

In a putative class action filed on June 28, 2023, in the Northern District of California, and in other similar cases, plaintiffs allege that OpenAI, Microsoft, and their respective affiliates violated the privacy rights of...more

Generative Artificial Intelligence, Automated User Interfaces, and the New Laws of Dark Patterns

Companies around the world are rushing to integrate generative artificial intelligence (GenAI) into their user interfaces to automate and deliver tailored website and application interfaces, customer service interactions, and...more

Generative Artificial Intelligence, Data Minimization, and the Gold Rush of the Early 2020s

In the United States, the principle of data minimization is embedded firmly within the Federal Trade Commission (FTC) Act, through FTC enforcement activities, and in the host of state-level privacy laws and rules that have...more

Develop a Process to Create Privacy Impact Assessments Under the Attorney-Client Privilege

Data protection assessments are required for high-risk processing activities in a rapidly growing set of federal, state, and international comprehensive privacy laws. These assessments are triggered by processing activities,...more

FTC Puts Almost 700 Advertisers on Notice That They May Face Civil Penalties for Unsubstantiated Claims

On April 13, the Federal Trade Commission issued Notices of Penalty Offenses and cover letters to close to 700 advertisers of OTC drugs, homeopathic products, dietary supplements, and functional foods, putting them on notice...more

February Privacy Report: FTC Expands Its Use of “Unfairness” Authority in GoodRx Matter

GoodRx Faces Million Dollar Proposed Penalty from FTC in First Enforcement Action Under the Health Breach Notification Rule - Settlement reveals views on application of unfairness authority to sharing of sensitive...more

Illinois Supreme Court Holds That Every Unlawful Biometric Scan or Transmission is Separate BIPA Claim

A split Illinois Supreme Court issued on Friday another long-awaited decision interpreting the Illinois Biometric Information Privacy Act (BIPA), holding that a separate BIPA violation occurs with each undisclosed and...more

Biometric Privacy Class Actions Take Aim at Virtual “Try-On” Retailers

In recent months, there has been a surge of class actions brought under the Illinois Biometric Information Privacy Act (BIPA) against retailers using virtual “try-on” features on their websites. Virtual try-on technology...more

2023 Resolution: Review & Update Your Privacy Program

Five new state omnibus privacy laws take effect in 2023, with two that already kicked in on January 1. The California Privacy Rights Act (CPRA) – effective January 1, 2023, enforceable July 1, 2023....more

Class Action Year in Review

The Latest Trends and Developments in the Class Actions World - Labor & Employment- Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum...more

BIPA Class Actions – 2022 Round-Up

Illinois Biometric Information Privacy Act (BIPA) class action lawsuits were heavily litigated again in 2022, as plaintiffs continued to target companies using biometric technology and their vendors. At the same time,...more

November 2022 AFS Privacy Report: FTC Is Tracking Twitter Developments With “Deep Concern”

FTC Is Tracking Twitter Developments With “Deep Concern” - Elon Musk’s recent purchase of Twitter has led to numerous resignations in the security department. Most recently, Twitter’s chief information security officer,...more

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