News & Analysis as of

Corporate Counsel Data Protection Risk Management

Baker Donelson

Ten Key Insights from IBM's Cost of a Data Breach Report 2025

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IBM and the Ponemon Institute have released the 2025 Cost of a Data Breach Report. The report, which has become an annual late-summer tradition, highlights the evolving risks and costs associated with data breaches. This...more

Coblentz Patch Duffy & Bass

Navigating the Shifting AI Landscape: What U.S. Businesses Need to Know in 2025

Artificial intelligence is no longer a wild west frontier technology—it’s a regulated one. As AI systems become central to how companies operate, communicate, and compete, legal oversight is catching up. In 2025, AI...more

Smith Anderson

Brewing Trouble: The Steep Price of Privacy Missteps

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A recent high-profile breach at a women-focused dating app underscores how quickly a privacy misstep can escalate into lawsuits and reputational harm. The incident offers a cautionary tale for any company handling sensitive...more

Jaburg Wilk

Think Twice Before You Type: AI Chats May Not Be Private or Protected

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Last week, I was half-listening to one of my favorite podcasts during a workout when something OpenAI CEO Sam Altman said immediately caught my attention. He was chatting it up with comedian Theo Von on This Past Weekend when...more

Wiley Rein LLP

FTC Consumer Protection and Privacy Enforcement Series: PADFA Enforcement—What Companies Need to Know

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As part of our series to provide practical insights into emerging Federal Trade Commission (FTC) priority areas for consumer protection and data privacy enforcement, we are taking a deep dive into the Protecting Americans’...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Finalizes Groundbreaking Regulations on AI, Risk Assessments, and Cybersecurity, Part II: What Businesses Need to Know

In July 2025, the California Privacy Protection Agency (CPPA) Board unanimously approved new regulations pursuant to the California Consumer Privacy Act (CCPA) that specifically address the use of automated decisionmaking...more

Carlton Fields

No Password Required: Former Lead Attorney at U.S. Cyber Command, Cyber Law Strategist, and Appreciator of ‘Mad Men’ Hats

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On this episode, hosts Jack Clabby of Carlton Fields and Kayley Melton, executive director of operations at the Cognitive Security Institute, sit down with Kurt Sanger — a seasoned cyber law leader and former deputy general...more

Perkins Coie

Delayed EU Code of Practice Provides Compliance Framework for General-Purpose AI Models

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Key Takeaways - - The European Commission published its Code of Practice for General-Purpose AI (GPAI) Models on July 10, 2025, following three draft versions and just weeks before the first AI Act obligations take effect....more

Morrison & Foerster LLP

FTC Looks to Leverage PADFAA Enforcement to Help Limit Exposure of Consumer Data

In recent comments, Commissioner Holyoak signaled that the Federal Trade Commission will prioritize enforcement of the Protecting Americans’ Data from Foreign Adversaries Act (PADFAA), a law that empowers the FTC to police...more

Baker Botts L.L.P.

EU Releases General-Purpose AI Code of Practice

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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

Falcon Rappaport & Berkman LLP

Navigating the Patchwork of State Consumer Privacy Statutes: An E-Commerce Compliance Playbook

Online retailers now face an increasingly complex matrix of state consumer-privacy statutes that impose prescriptive requirements on data collection, monetization, and cybersecurity practices. ...more

Herbert Smith Freehills Kramer

Protecting your business: The implications of Australia’s new privacy tort

On 10 June 2025, the new statutory tort for serious invasions of privacy came into force as part of a suite of privacy reforms passed last year, substantially enhancing privacy protections and signalling a material shift in...more

Troutman Pepper Locke

DOJ’s Latest Guidance on the Data Security Program – What’s New?

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The new Department of Justice (DOJ) Data Security Program (DSP) took effect on April 8....more

Osano

Weathering the 2025 Whirlwind: How to Keep Calm & Carry On

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Normally, we do a mid-year check-in on privacy regulatory activity. But it’s like we’ve lived through six months of events in the last 8 weeks. A new administration making some big moves; some precedent-setting enforcement...more

Mintz - Privacy & Cybersecurity Viewpoints

Latest Installment of our Mintz Matrix!

Please visit here to visit our Mintz Matrix page with the latest edition of the Mintz Matrix, which is a 50-state resource we have maintained since 2009 to break down and summarize requirements of U.S. state data breach...more

Polsinelli

AI for GCs: What You Need to Know in 2025

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During the course of 2024, interest in generative and other types of artificial intelligence, machine learning and predictive applications and services (collectively, AI) accelerated across industries. Some sectors, such as...more

Stoel Rives LLP

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

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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

Lowenstein Sandler LLP

Top AI Risks General Counsels Should Address

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Considering the rapid development and deployment of artificial intelligence (AI) in a wide array of applications and business sectors, it can be a daunting task for a company’s General Counsel (GC) to keep pace in identifying...more

Faegre Drinker Biddle & Reath LLP

Lessons from PayPal’s $2 Million Cybersecurity Settlement with the New York State Department of Financial Services

On January 23, 2025, PayPal settled an enforcement action brought by the New York State Department of Financial Services (NY DFS) for failing to comply with cybersecurity regulations required for financial services businesses...more

Ward and Smith, P.A.

The Five Foundations of Artificial Intelligence for In-House Counsel, Part 1

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During their annual In-House Counsel Seminar, Ward and Smith Certified AI Governance Professional and privacy and data security attorney Angela Doughty provided a comprehensive overview of the potential impacts of the use of...more

DLA Piper

A New Prohibition Era for AI: Why You Could Be ‘Bootlegging’ Banned Tech

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If hearing the word “prohibition” brings to mind the moonshine, speakeasies, and bootleg liquor of 1920s America, you’re not alone. It conjures images from ‘Boardwalk Empire’ or ‘The Untouchables’. But today’s prohibition...more

Vinson & Elkins LLP

Watch What You Say: SEC Enforcement Scrutinizes Cybersecurity Incident Disclosures

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On January 13, 2025, the Securities and Exchange Commission (“SEC”) filed a settled enforcement action against Ashford Inc. (“Ashford” or “the Company”), a company that provides products and services to the real estate and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The EU’s Digital Operational Resilience Act Comes Into Effect

The European Union’s Digital Operational Resilience Act (DORA) came into effect on January 17, 2025. DORA aims to harmonise rules concerning the provision of information and communication technology (ICT) services to...more

Levenfeld Pearlstein, LLC

New Year, New State Data Privacy Laws

With the advent of a new year comes a new set of consumer data privacy laws in the United States. Five new state data privacy laws go into effect in January 2025, with additional laws coming throughout 2025 and into 2026....more

Morris, Manning & Martin, LLP

Cyber Incidents: Why General Counsels Are Critical to Navigating the Storm

In today’s hyperconnected world, cyberattacks are no longer a question of if but when. For general counsels (GCs), the responsibility extends far beyond legal risk management - it’s about guiding the organization through the...more

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