Features
Back to the Future: How Data Privacy Laws Can Teach Us What to Expect With AI Regulation
While the amount of AI legislation introduced in various states is relatively limited, the scope of issues being legislated is quite broad. Despite the many uncertainties that remain to be clarified, there are actually many parallels between how data privacy laws took shape five years ago, and how AI legislation is developing today.
Features
Spurred By Data Breaches, CLOs Are Increasing Cybersecurity Leadership Role
Chief information officers still bear the brunt of cybersecurity worries at many companies. But a study by the Association of Corporate Counsel Foundation finds that chief legal officers are increasingly taking a leadership role in cybersecurity strategy.
Features
Shifting Crypto and Cyber Priorities In SEC Enforcement
When the SEC issues the next annual enforcement report for fiscal year 2025, we expect securities offering actions and investment adviser actions will almost certainly be up, and the “crypto” and “cyber” cases will almost certainly be down. Public statements by the new SEC administration have said as much, but even more telling than public statements are the allocation of limited enforcement resources.
Features
Recognizing and Combatting Online ‘Dark Patterns’
As online platforms become more sophisticated, so do the tactics designed to manipulate user behavior. Among these, “dark patterns” have emerged as a particularly concerning phenomenon. This article explores the different types of dark patterns prevalent online, examines how they affect consumers and businesses, and analyzes the legal frameworks emerging to combat these practices in Connecticut the EU.
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.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Law Firm Real Estate Strategy: Attorney Offices Are Out, Conference Rooms Are InLaw firms are navigating a paradigm shift in how they approach office space. With the rise of flexible workplaces, firms are finding that when their attorneys do come into the office, the main goal is to connect and collaborate with peers — and this shift has transformed how law firms address their real estate needs.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The Perfect Storm: Why Contract Hiring Will Eclipse Direct Hiring In Privacy and Tech In 2024Part Two of a Two Part Article Part 1 of this article looked at how remote flexibility is driving job seekers, that most privacy programs will use contractors by 2026, the speed of hire, the real cost of DIY staffing and whether posting jobs online really works. Part 2 looks at what's next for CPOs, AI jobs in privacy, where the new jobs will come from, whose salaries are spiking and some guidance for the latter half of 2024.Read More ›
