Last week, a sharply divided U.S. Securities and Exchange Commission (“SEC”) significantly increased reporting requirements on public companies by adopting a Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure Rule (the “Rule”)[1] that requires, among many other
Media & Privacy Risk Report
News, commentary and humor on media, privacy and the law
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BIPA Bellweather: Back to the BIPA Norm—Illinois Supreme Court Refuses to Reconsider Cothron Decision
In a highly anticipated decision issued in February 2023, the Illinois Supreme Court held that a separate claim accrues under the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) (740 ILCS 14/1 et seq.) each and every time biometric…
CCPA Relief at Risk: California Attorney General Announces New Investigative Sweep
A recent announcement by California Attorney General Rob Bonta may curtail the relief experienced by California’s largest employers who are benefitting from the delayed enforcement of the newest California Consumer Privacy Act (“CCPA”) regulations. …
Artificial Intelligencer: New York City Law Tackles AI Bias in Employment
New York City has implemented regulations governing the use of artificial intelligence (“AI”) and automated decision-making tools in the employment space.…
BIPA Bellweather: A Glimmer of Hope? Court Vacates $228 Million Judgement From First BIPA Jury Trial
In a landmark decision, U.S. District Judge Matthew Kennelly vacated a $228 million damages award in Richard Rogers v. BNSF Railway Co., the first case tried to a verdict under the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) (740…
TCPA Turnstile: Scoping out the TCPA – 2023 Midyear Update (TCPA Case Update Vol. 18)
Just over halfway through 2023, nationwide TCPA jurisprudence is focused on further delineating the scope of the TCPA. As the dust settles from earlier battles over defining ATDS requirements, the cases from this year are largely aimed at establishing who…
A Welcome Delay in CCPA Regulations Enforcement
Companies that have been wrestling with exactly how to comply with the latest regulations under the California Consumer Privacy Act (“CCPA”) can breathe a sigh of relief after a California state court judge ruled last week that the newest regulations…
The EU’s “AI Act” Advances
In a move that could significantly alter the legal landscape surrounding artificial intelligence, the European Parliament recently advanced the “AI Act,” a proposed law aiming to restrict and regulate commercial use of AI in the EU.…
AI “Hallucinations” Can Inflict Real-World Pain
In filing a lawsuit many have dubbed “the first of its kind,” a radio host in Georgia is claiming that OpenAI, the company behind the artificial intelligence chat platform “ChatGPT,” is liable for defamation.…
SEC Reopens Comment Period for Investment Adviser and Investment Company Cybersecurity Proposals in Connection with Other Cyber and Data Privacy Related Proposals
On March 15, 2023, the SEC reopened the comment period on proposed rules and amendments related to cybersecurity risk management and cybersecurity-related disclosure for registered investment advisers, registered investment companies and business development companies that were proposed on February 9,…