On September 4, 2025, the Court of Justice of the European Union (“CJEU”), delivered its judgment in European Data Protection Supervisor ("EDPS") v. Single Resolution Board ("SRB") (C-413/23 P). The decision clarifies two...more
9/5/2025
/ Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Data Controller ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data-Sharing ,
General Data Protection Regulation (GDPR) ,
Personal Data ,
Risk Assessment ,
Transparency
Recently, the United States released America’s AI Action Plan. Shortly after, at the 2025 World AI Conference, the Chinese government released its own AI Action Plan. While there are significant overlaps between the two plans...more
9/3/2025
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
China ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Ethics ,
Export Controls ,
Infrastructure ,
National Security ,
Regulatory Requirements ,
Risk Assessment ,
Risk Management
The landscape of legal practice has significantly changed due to the proliferation of third-party litigation funding, a financial mechanism that provides capital to plaintiffs, including patent owners, in exchange for an...more
9/3/2025
/ Artificial Intelligence ,
Biden Administration ,
Copyright ,
Ethics ,
General Data Protection Regulation (GDPR) ,
Intellectual Property Litigation ,
Legal Ethics ,
Litigation Funding ,
Litigation Strategies ,
New Guidance ,
Patent Litigation ,
Patents ,
Regulatory Agenda ,
South Korea
Healthcare providers wrestling with the legal fallout of cyber-attacks just received a fresh reminder from the District of Arizona: traditional tort and contract theories remain difficult to sustain after a breach, but...more
9/2/2025
/ Arizona ,
Consumer Fraud ,
Consumer Protection Laws ,
Data Breach ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitals ,
PHI ,
Popular ,
Ransomware ,
Unfair or Deceptive Trade Practices
On August 11, 2025, the Office of the Privacy Commissioner of Canada ("OPC") issued two sets of guidance for processing of individual's biometric data: one for federal institutions and one for private businesses. Below we...more
8/22/2025
/ Biometric Information ,
Canada ,
Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Data Security ,
New Guidance ,
Personal Data ,
PIPEDA ,
Privacy Laws ,
Regulatory Requirements ,
Sensitive Personal Information
Key Takeaway: When facing a patent infringement suit, accused infringers traditionally turned to inter partes review (IPR) as a faster, more cost-effective alternative to district court litigation. However, recent guidance...more
8/5/2025
/ Artificial Intelligence ,
Copyright ,
EU ,
Ex Partes Reexamination ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Prior Art ,
Semiconductors ,
USPTO
In June 2025, South Korea's Ministry of Culture, Sports and Tourism and the Korea Copyright Commission released two guides related to the intersection of artificial intelligence ("AI") and copyright law. These guides, the...more
7/31/2025
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Digital Platforms ,
Fair Use ,
Intellectual Property Protection ,
Legal Technology ,
Registration ,
Regulatory Requirements ,
Software
On July 23, 2025, the White House published its much-anticipated “America’s AI Action Plan” (the Plan), a comprehensive strategy designed to advance U.S. global leadership in artificial intelligence (AI). Developed under the...more
7/29/2025
/ Artificial Intelligence ,
Cybersecurity ,
Deregulation ,
Export Controls ,
Federal Funding ,
Government Agencies ,
Infrastructure ,
Innovation ,
National Security ,
Popular ,
Power Grid ,
Regulatory Reform ,
Semiconductors ,
Supply Chain ,
Technology ,
Trump Administration
On July 23, 2025, the White House released America’s AI Action Plan, a comprehensive strategy designed to secure U.S. global dominance in artificial intelligence (AI). The plan, developed under the direction of President...more
7/25/2025
/ Artificial Intelligence ,
Cybersecurity ,
Deregulation ,
Export Controls ,
Federal Funding ,
Free Speech ,
Government Agencies ,
Innovation ,
National Security ,
Regulatory Reform ,
Regulatory Requirements ,
Semiconductors ,
Supply Chain ,
Technology ,
Trump Administration
France's Data Protection Authority (the “Commission Nationale de l'Informatique et des Libertés” or “CNIL”) has issued comprehensive recommendations intended to assist businesses that are develop artificial intelligence...more
7/25/2025
/ Algorithms ,
Artificial Intelligence ,
CNIL ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
EU ,
France ,
Machine Learning ,
Personal Data ,
Regulatory Requirements ,
Risk Assessment ,
Transparency
On July 1, the U.S. Senate voted to fully remove the previously proposed ten-year moratorium on regulation of Artificial Intelligence by states (“AI Moratorium”), after the provision’s passage by the House. Despite a number...more
7/16/2025
/ Algorithms ,
Artificial Intelligence ,
Compliance ,
Consumer Privacy Rights ,
Data Privacy ,
Legislative Agendas ,
Machine Learning ,
New Legislation ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Management ,
State and Local Government ,
Technology Sector
On July 10, 2025, the EU published its Code of Practice for General-Purpose AI Models, a comprehensive, though not exhaustive, framework designed to guide Artificial Intelligence ("AI") providers in complying with the...more
7/14/2025
/ Algorithms ,
Artificial Intelligence ,
Compliance ,
Copyright ,
Corporate Counsel ,
Cybersecurity ,
Data Protection ,
Documentation ,
EU ,
Innovation ,
Intellectual Property Protection ,
Regulatory Requirements ,
Risk Management ,
Transparency
On June 6, 2025, the United States District Court for the Northern District of California dismissed a number of claims being brought against Google related to its alleged improper collection of health-related data though...more
6/30/2025
/ CIPA ,
Consent ,
Data Collection ,
Data Privacy ,
Google ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Intrusion Upon Seclusion ,
Litigation Strategies ,
Motion to Dismiss ,
PHI ,
Privacy Laws ,
Technology Sector ,
Unjust Enrichment
The U.S. House of Representatives has passed, as part of a larger omnibus budget bill, a 10 year moratorium on regulation of AI by the states. If passed by the Senate, this provision would be one of the most significant...more
6/16/2025
/ AI Act ,
Artificial Intelligence ,
Export Controls ,
Federal Budget ,
New Legislation ,
Popular ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Requirements ,
State Privacy Laws ,
Texas ,
U.S. Commerce Department
Key Takeaway: This article explores the unique procedural and strategic considerations for litigating SEP cases at the ITC, and what to know when navigating this complex and evolving landscape. The U.S. International Trade...more
6/3/2025
/ AI Act ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Intellectual Property Litigation ,
International Trade Commission (ITC) ,
Machine Learning ,
New Legislation ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Proposed Legislation ,
Standard Essential Patents
On May 1, 2025, the United States Court of Appeals for the Second Circuit issued its decision in Solomon v. Flipps Media, Inc., affirming the dismissal of a putative class action alleging violations of the Video Privacy...more
6/2/2025
/ Appeals ,
Appellate Courts ,
Class Action ,
Consumer Privacy Rights ,
Data Privacy ,
Judicial Authority ,
Litigation Strategies ,
Motion to Dismiss ,
Personally Identifiable Information ,
Privacy Laws ,
Statutory Interpretation ,
VPPA
On May 1, 2025, the California Privacy Protection Agency (CPPA) issued a Stipulated Final Order against Todd Snyder, Inc., (Snyder) a national retailer of men’s clothing and accessories, for multiple violations of the...more
On April 18, 2025, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") issued a significant decision in Recentive Analytics, Inc. v. Fox Corp., Case No. 2023-2437 (Apr. 18, 2025), affirming...more
On April 18, 2025, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") issued a significant decision in Recentive Analytics, Inc. v. Fox Corp., Case No. 2023-2437 (Apr. 18, 2025), affirming...more
On April 18, 2025, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") issued a significant decision in Recentive Analytics, Inc. v. Fox Corp., affirming dismissal, by the District Court of...more
4/23/2025
/ Algorithms ,
Alice/Mayo ,
Appeals ,
Corporate Counsel ,
Machine Learning ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Section 101 ,
USPTO
On January 29, 2025, the General Court of the European Union delivered a significant judgment concerning the powers and competences of the European Data Protection Board ("EDPB"). The case involved the Data Protection...more
2/4/2025
/ Compliance ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
EU ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Judicial Review ,
Popular ,
Privacy Laws ,
Regulatory Requirements
It is well established that “a petitioner in an inter partes review … is not permitted to assert a ground of unpatentability under 35 U.S.C. § 112.” Dexcowin Golabl, Inc. v. Aribex, Inc., IPR2016-00436, Paper 12 (PTAB July 7,...more
2/4/2025
/ Artificial Intelligence ,
Copyright ,
Data Privacy ,
Data Protection ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Legal Technology ,
Machine Learning ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Regulatory Reform ,
USPTO
On January 29, 2025, the U.S. Copyright Office issued part two of it's report on Artificial Intelligence ("AI") which addresses the topic of “copyrightability” as it relates to AI. This report follows an extensive initiative...more
On December 17, 2024, the European Data Protection Board ("EDPB" or Board) issued Opinion 28/2024, addressing data protection aspects related to the processing of personal data in the context of artificial intelligence ("AI")...more
1/7/2025
/ Anonymity ,
Artificial Intelligence ,
Balancing Test ,
Compliance ,
Data Controller ,
Data Protection ,
EU ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Legitimate Business Interest ,
Mitigating Factors ,
Personal Data
On September 13, 2024, the Colorado Attorney General published a set of proposed rules for the Colorado Privacy Act. The proposed rules introduce several significant changes aimed at enhancing consumer privacy protections and...more