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In the ongoing copyright infringement case brought by The New York Times against OpenAI and Microsoft (The New York Times Company v. Microsoft Corporation et al., Case No. 1:23-cv-11195 (S.D.N.Y.)), Judge Ona T. Wang recently...more
Takeaway: Terms and conditions requiring individual arbitrations can effectively end many consumer class actions. But courts rigorously scrutinize consumers’ assent to such terms, insisting upon reasonably conspicuous notice...more
Negotiating a data processing agreement (DPA) is typically a necessary step when engaging vendors that handle personal data. However, these negotiations have become time consuming and complex, given the evolving privacy...more
Are you using artificial intelligence in your business operations? Do you have AI embedded in the goods and services you offer customers? The regulatory framework applicable to AI continues to develop, including across US...more
IN THE NEWS AND LATEST UPDATES - What’s Next at FTC Following Firings of Democratic Commissioners? It’s been a week since the Trump administration fired FTC Commissioners Slaughter and Bedoya because their “continued service...more
The California Privacy Protection Agency (CPPA) recently announced a settlement with American Honda Motor Co., Inc. (Honda) over alleged privacy violations. The settlement arises from the CPPA’s investigation into the privacy...more
With artificial intelligence becoming increasingly commonplace in the entertainment industry, lawmakers are enacting legislation regulating the use of AI as well as state privacy laws that regulate the use of personal and...more
Recently, we had the opportunity to advise some clients who worked with a third-party vendor that maintained custody of personal information pertaining to our clients’ respective end users. The vendor suffered a data breach...more
The tightening of privacy and data protection compliance obligations in Canada and the United States, has led to increasingly comprehensive “data security and privacy” representations and warranties in purchase agreements, as...more
Right now, we are all taking stock of the many important issues and challenges we saw crop up for clients last year, trying to predict what they will face in the coming year, and strategizing about how we can help....more
As the new year begins, prudent service providers will review and consider updating their contract forms to ensure they align with the company's strategic goals and comply with any current or upcoming laws and regulations. ...more
Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate the legal risk of campaigns and promotions....more
In 2018, there were two comprehensive state data privacy bills introduced across the United States and a whopping zero were in effect. Fast forward six years and there have been 41 new data privacy bills considered this year...more
On September 29, California Governor Gavin Newsom vetoed SB 1047, one of the most ambitious efforts yet to establish a comprehensive artificial intelligence (AI) regulatory framework in the United States. But for all of the...more
Artificial intelligence (AI) has the power to revolutionize health care. In oncology, there are now opportunities to apply AI to support diagnostics, predictive analytics, and administrative functions. This hot topic was...more
Business leaders, from CEOs to CIOs to project managers, are rapidly adopting generative artificial intelligence tools to transform their organizations, harnessing technology to drive efficiency, streamline processes, and...more
An appellate court recently ruled that the California Privacy Protection Agency’s regulations issued under the state’s California Consumer Privacy Act (”CCPA”) will take effect immediately. These regulations have been...more
When negotiating technology or data services contracts, businesses of all sizes and industries are now spending more time and attention on privacy controls. The increasing prevalence of comprehensive U.S. state privacy laws...more
Security Schedules, Privacy Addenda, TOMs, DPAs—whatever you call them, privacy and cybersecurity contract terms have exploded in prevalence in recent years, bringing with them new importance that can lead to difficult and...more
When it comes to addressing legal and privacy issues, to date there has been little distinction between PLG and traditional SaaS companies. But in fact, PLG companies will encounter unique legal and privacy hurdles that...more
Cannabis businesses have cyber security and privacy risks. While the risks are varied, many arise from the businesses’ holding of highly sensitive consumer information or confidential data about business partners. Cannabis...more
Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a marketing channel. In addition, marketers are grappling with how to ensure that they and...more
The California Consumer Privacy Act ("CCPA") was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more
In Part 1 of this Contract Corner, we discussed the importance of evaluating the types of data to be processed or accessed by a service provider at the beginning of the contracting process and key considerations to address...more