Legislation, Regulation Posts

District Court Rules that Robots Can’t Hold a Copyright

Sep 14, 2023

District Court Rules that Robots Can’t Hold a Copyright

If asked to name the greatest artists of all time, you may think of well-known figures such as Vincent Van Gogh, Pablo Picasso, and Michelangelo. What do these artists have in common – apart from their creative talent? They’re human. While that answer may seem painfully obvious, the humanity of authorship may not always be…

INFORM Consumers Act – Is Your Company Ready for June 27 Compliance?

Jun 23, 2023

INFORM Consumers Act – Is Your Company Ready for June 27 Compliance?

On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act”, or “Act”) becomes effective, imposing new obligations on online marketplaces like Amazon, eBay, and Etsy.  Specifically, the INFORM Consumers Act requires online marketplaces to verify and disclose high-volume third-party sellers’ identities. Congress enacted the law…

Appeals Court Tells Elon Musk –A Deal Is A Deal: SEC Consent Decree Sticks

May 18, 2023

Appeals Court Tells Elon Musk –A Deal Is A Deal: SEC Consent Decree Sticks

When faced with federal agency enforcement actions, companies frequently enter into consent decrees with the government to avoid the time, expense, and uncertainties of litigation. Consent decrees often involve the payment of settlement monies. They can also include lengthy commitments in furtherance of compliance, such as annual reporting and officer certifications. Consent decrees may also…

For the Children!: Children’s Online Safety Becomes Focus of State and Federal Law

May 15, 2023

For the Children!: Children’s Online Safety Becomes Focus of State and Federal Law

Have you seen the latest craze in babysitting? If you are ever out in public, you have. Think of the last time you were at a restaurant, stoplight, or airport, and noticed a child, aged between tot and tween, fixated on his or her device. That’s the craze: the cheapest, most available babysitting option these…

A New Paradigm: Claimant Opposition to Mass Tort Bankruptcy and Needed Reform

May 3, 2023

A New Paradigm: Claimant Opposition to Mass Tort Bankruptcy and Needed Reform

Congress enacted Section 524(g) of the Bankruptcy Code in 1994. That statute requires a 75% supermajority of claimants to approve a bankruptcy plan binding on future claimants and containing injunctions protecting the debtor and other third parties. The statute handed veto power to prominent plaintiff law firms. Companies facing mass tort liabilities, primarily asbestos, were…

Pump The Brakes or Step on the Gas? An Analysis of Emerging AI Regulatory Frameworks

Apr 6, 2023

Pump The Brakes or Step on the Gas? An Analysis of Emerging AI Regulatory Frameworks

Artificial Intelligence (“AI”) is growing exponentially and has infiltrated nearly every sector of society. Despite the technology’s growth, the US has yet to pass comprehensive federal legislation addressing its use, commercialization, and development. Although several states such as New York, Maryland, and Washington have implemented their own regulations, no such supervisory scheme has been broadly…

New California Law Establishes Broad Protections for Children’s Online Privacy – Exceeding Federal Requirements

Oct 4, 2022

New California Law Establishes Broad Protections for Children’s Online Privacy – Exceeding Federal Requirements

California made history in September as the first state to enact legislation that punishes technology companies for violations of minors’ privacy and for practices that jeopardize minors’ safety in an effort to prioritize “the privacy, safety, and well-being of children over commercial interests.”  On September 15th, Governor Newsom signed The California Age-Appropriate Design Code Act…

Telemarketing Restrictions During State of Emergency

Apr 7, 2020

Telemarketing Restrictions During State of Emergency

  If part of your marketing plan involves calls to consumers, please be aware of additional telemarketing restrictions in some states (presently New York and Louisiana) during a state of emergency.   New York New York recently enacted a law to prohibit unsolicited telemarketing calls during a state of emergency. Since New York Governor Andrew Cuomo…

One revision, two revisions … three revisions or more?: The California Attorney General Releases A Second Round of Edits to its Draft CCPA Regulations

Mar 17, 2020

One revision, two revisions … three revisions or more?: The California Attorney General Releases A Second Round of Edits to its Draft CCPA Regulations

While the world is uni-focused on the Corona virus, companies doing business in California and impacted by the California Consumer Privacy Act must face another dizzying round of revisions to the California Attorney General’s draft implementing regulations. The AG released its latest set of revisions on March 11, providing an additional notice and comment period…

Putting the Brakes on Swift and Sweeping Adoption of Facial Recognition Technologies

Nov 12, 2019

Putting the Brakes on Swift and Sweeping Adoption of Facial Recognition Technologies

When it is not clear which way to go, don’t. This is the upshot of an article by Wojciech Wiewiorowski: Facial recognition: A solution in search of a problem? Wiewiorowski is the Assistant Supervisor at the European Data Protection Supervisor (the E.U.’s independent data protection authority), which published his article on their site in late…