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23andMe and the Role of Privacy in Bankruptcy Law

There is nothing more inherently unique and personal to an individual than his or her DNA. Unlike many other types of personal information, a person’s DNA is immutable. It can be the key to unlocking extremely sensitive...more

Nebraska Introduces First-of-its-Kind Privacy Bill Aimed at Protecting Agricultural Data

On January 22, Nebraska state Senator Mike Jacobson (R), at the request of Governor Jim Pillen (R), introduced the Agriculture Data Privacy Act (LB525). This is a first-of-its kind privacy bill that would specifically...more

AI Legal Landscape: Top Challenges and Strategies in 2025

As artificial intelligence (AI) continues to develop at a rapid pace, even the most sophisticated general counsel (GC) and in-house legal teams will be hard pressed to keep up with the evolving legal landscape....more

Continuing Forward: Senate Leaders Release an AI Policy Roadmap

The US Senate’s Bipartisan AI Policy Roadmap is a highly anticipated document expected to shape the future of artificial intelligence (AI) in the United States over the next decade. This comprehensive guide, which complements...more

10 Legal Issues for Nonprofit and Association Leadership in 2024

As 2024 gets underway, the nonprofit sector will continue to face new challenges in addition to grappling with ongoing challenges that continue to impact the sector. Our interdisciplinary team, serving thousands of nonprofits...more

Penalty Offense Authority and the Future of FTC Privacy Law

From its founding in 1914 until roughly 2018, the Federal Trade Commission (FTC) enjoyed near complete hegemony as the primary consumer protection enforcement agency in the United States. The states played an important role,...more

Tips For Managing the Response to an FTC Civil Investigative Demand in Privacy and Data Security Cases

The Federal Trade Commission (FTC) is more active in privacy and data security enforcement actions now than at any time in recent memory. It announces new enforcement actions almost daily, together with press releases, public...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, 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

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

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