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DOJ Antitrust Division’s Updated Guidance On Evaluating Corporate Compliance Programs Includes New Focus On AI And Electronic...

The U.S. Department of Justice Antitrust Division has updated its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (the “Guidance”). This Guidance updates the 2019 guidance to federal antitrust...more

Utah’s App Store Accountability Act Goes into Effect

With the passage of Senate Bill 142, the App Store Accountability Act (the “Act”), Utah became the first state to pass legislation requiring app store providers to verify users’ ages and block minors from downloading apps or...more

AI Contracting: The Next Frontier

In the beginning of March, I gave a presentation on AI legal developments. One of the attendees astutely pointed out that the current legal framework seems to focus on B2C use cases. I agreed. The focus is consumer...more

The 24-Hour AI News Cycle: A Snapshot, a Trend, and a Brief Look Ahead

In a recent presentation at the Center of Innovation, Learning, and Society (U.C. Davis School of Law) on AI legal developments, I remarked to the audience that while typically I finalize my slides at least a few days before...more

Data Broker Privacy Compliance: Our Top 5 List

With the current patchwork of data privacy laws, compliance can be challenging for any business. The compliance landscape may be even more fraught with risk for data brokers, given various data broker registration...more

A Deeper Dive into the Proposed Modifications to the HIPAA Security Rule

“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...more

Data Privacy and Cybersecurity Look Ahead: First Half of 2025

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...more

Just Around the Corner: The Utah Consumer Privacy Act ("UCPA")

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...more

Working with Artificial Intelligence: Privacy Pitfalls (and Opportunities)

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...more

A New Consumer Personal Data Protection Law in Oregon

On June 25, 2023, both houses of the Oregon State Legislature approved Senate Bill (SB) 619, “relating to protections for the personal data of consumers.”   SB 619 is now on the desk of Oregon Governor Tina Kotek for...more

FAQ: Washington State’s ‘My Health My Data Act’

On April 27, 2023, Washington enacted the  “My Health My Data Act” (“MHMDA”) that will become effective March 31, 2024 in most instances. Any violation of MHMDA will be resolved through the Washington Consumer Protection...more

A New Consumer Data Protection Bill in Oregon: A Summary of SB 619

Earlier this month, the Oregon state legislature introduced Senate Bill (SB) 619, “relating to protections for the personal data of consumers.”  The bill has since been referred to the Senate Committee on Judiciary and the...more

The Current State of General State Privacy Laws

It’s a great time to be a privacy attorney.  On October 17, 2022, the California Privacy Protection Agency (CPPA) released the next draft of the regulations under the California Privacy Rights Act of 2020 (CPRA) as well as a...more

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