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Data breach lawsuits have often struggled to match up the unique realities of data breaches with traditional theories of legal liability. A recent decision from the Southern District of Indiana, however, cut through these issues by allowing a class action claim to proceed on a theory of liability often proposed by commentators as a solution to the data breach liability conundrum but until recently almost uniformly rejected by courts: the common law theory of bailment.
For as long as there have been data breaches that expose consumer data to hackers, there have been lawsuits by consumers seeking to hold companies liable for failing to protect the data collected by or entrusted to them. These lawsuits have often struggled to match up the unique realities of data breaches with traditional theories of legal liability, and courts have often dismissed data breach claims by consumers for reasons relating to lack of standing, unclear causation, nebulous harm, and speculative damages. This problem has been especially acute for plaintiffs hoping to bring claims on behalf of a class of all consumers whose personal data was compromised in a security breach.
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AI Regulation in the U.S.: What’s Coming, and What Companies Need to Do In 2023
By Kim Peretti, Dan Felz and Alysa Austin
Part Two of a Two-Part Article
In Part One, the authors addressed the industries most affected by AI, and began the discussion on U.S. federal and state regulations to expect in 2023. Part Two, continues the discussion on potential federal AI regulation and what companies can do to prepare.
Legal Operations Success In 2023
By Ari Kaplan
Strategies for Navigating an Uncertain Economy, Leveraging CLM Technology to Streamline Processes, and Embracing Change
During a recent discussion with a select group of leaders in legal operations in highly-regulated organizations, several key themes emerged that are likely to drive new initiatives in 2023.
Federal Jury Rejects First Amendment Defense In ‘MetaBirkins’ NFT Standoff
By Todd Larson and Yonatan Shefa
Leading the charge in thorny IP issues have been cases addressing whether NFT makers who utilize other parties’ trademarks can turn to the First Amendment as a defense to trademark infringement. This article analyzes the summary judgment decision that set the stage for trial in Hermes International, and provides some takeaways concerning the legal landscape for NFTs moving forward.
Start-Ups, Cyber Attacks and Regulations
By CLS Staff
A Q&A with Christina Gagnier, a Shareholder with Carlton Fields and President of the newly-launched privacy and cybersecurity consultancy CTRL, on the cyber issues specific to start-ups and small businesses.