Features
Constructive Exuberance: Planning for the Regulation and Enforcement of Privacy, Cybersecurity, and Advanced Technologies In 2025
While change is a constant in the privacy, security and technology arena, 2025 is poised to be a landmark year. New technologies will continue to radiate through the economy — and our lives — while the new Trump Administration is likely to emphasize innovation over protection, reward maximization over risk minimization, and incentivizing over enforcing.
Features
FOIA In 2025: Beat the Backlog, Avoid Lawsuits and Reduce Cyber Risk
The Freedom of Information Act (FOIA) stands at a critical juncture heading into 2025. Federal agencies are grappling with mounting backlogs, increasingly complex data landscapes, and rising cybersecurity threats. As a new administration takes office, the urgency to adopt innovative, effective solutions has never been greater.
Features
In-House Lawyers Are Focused on Employment and Cybersecurity Disputes, But Looking Out for Conflict Over AI
Employment and labor and cybersecurity, data protection and data privacy remain top of mind for in-house lawyers focused on litigation. Still, there’s mounting concern about the threat of large damages verdicts.
Features
What Will 2025 Bring for Legal Tech
It’s time for our annual poll of experts on what they expect 2025 to bring in legal tech, including generative AI (of course), e-discovery, and more.
Features
The Future of Data Protection Enforcement: It’s Hammer Time!
The landscape of data protection and privacy continues to expand, and with that expansion comes increased scrutiny and the promise of increased enforcement. 2025 will mark a convergence of the proliferation of artificial intelligence, a growing understanding of and desire to exercise consumer rights and protections and new legislation, meaning increased regulatory enforcement is inevitable. This article explores the impending new legislative landscape, what increased enforcement may look like and how companies can prepare for optimal compliance.
Features
Avoiding Legal Risks: Crafting a Strong Do Not Call Policy for Compliance
A strong Do Not Call Policy (DNC) is vital to comply with the Telephone Consumer Protection Act. Ensuring robust DNC compliance protects an organization's reputation and increases consumer trust. Below is a practical guide for building and implementing DNC policies that ensure compliance and reduce liability.
Features
TikTok’s ‘Blackout Challenge’ and Section 230 Immunity
In Anderson v. TikTok, Inc., the Third Circuit held that the liability of an Internet Service Provider such as TikTok depended on whether TikTok was sharing content via the platform’s algorithm or engaged in something more. The question of whether TikTok’s recommendation algorithm transformed content into TikTok’s own expressive activity was not immunized by Section 230 and has disrupted the protection previously enjoyed by Internet platforms like TikTok.
Features
Florida’s Digital Bill of Rights Joins the Regulatory Framework
The proliferation of data breaches and increased sophistication of criminal attack vectors has led more states to enact their own reasonable security provisions as part of the patchwork quilt of privacy laws. Nineteen of the U.S. states which have enacted comprehensive privacy laws along with Florida’s Digital Bill of Rights (which took effect summer 2024) have provisions requiring controllers and businesses to establish, implement and maintain reasonable administrative, technical and physical data security practices to protect the confidentiality, integrity and accessibility of personal data.
Features
DOJ Issues New Rule Regulating Handling of Bulk Sensitive Personal Data
The DOJ has proposed a rule that would regulate certain transactions involving bulk sensitive personal data. The rule would implement a complex regulatory framework, with civil and criminal enforcement, that is similar to sanctions and export licensing regimes. It also implicates federal cybersecurity requirements, government contracting and CFIUS actions.
Features
Second Circuit Clarifies Video Privacy Protection Act
The Second Circuit’s decision is notable in that it signals a reversal of the recent trend of dismissals of VPPA claims in courts across the country and could trigger a significant increase in VPPA lawsuits. Although organizations have grappled with VPPA claims for several years, this decision is another red flag to organizations to take immediate steps and ensure compliance with privacy laws to mitigate the risks of VPPA claims.
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