Thought Leadership

FTC and HHS Send Letter Warning of Risks From Online Tracking Technologies

On July 20, 2023, the OCR at the HHS and the FTC sent a joint letter to approximately 130 hospital systems and telehealth providers to alert them to the “serious privacy and security risks” stemming from the use of online tracking technologies integrated into their websites and mobile apps.

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Five Takeaways From the U.S. Senate Subcommittee on Intellectual Property’s AI and Copyright Hearing

On July 12, 2023, the U.S. Senate Committee on the Judiciary’s Subcommittee on Intellectual Property held its second hearing on artificial intelligence (AI) and intellectual property (IP).

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Climate Disclosures: California Mandates Advance in Legislature with Modest Reprieve

Two proposed California laws that would mandate disclosure of climate-warming emissions and organizational “risk” related to climate change moved closer to Governor Newsom’s desk.

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2023–24 California State Budget Finalized—At Least for Now

After around-the-clock weekend negotiations between Democratic legislative leaders and Governor Gavin Newsom, working against a looming June 30 constitutional deadline, leaders announced a budget agreement late Monday night.

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Protecting Musicians in GenAI: Key Takeaways From the U.S. Copyright Office

Generative AI presents a profound opportunity and challenge for artists in the music industry.

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Regulation of AI Systems is Already Here – Look to Data Protection Laws

As the scramble continues to reckon with the rapid advancement of generative artificial intelligence models like ChatGPT, Bard, DALL-E, and Midjourney, and the promise of other AI and machine learning systems (for simplicity, “AI systems”) to come, legal and business professionals across industries are asking whether these systems will be regulated, and if so, how.

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AI Has Captured the Attention of the U.S. Public—and Federal Enforcers

Four federal agencies issued a unique Joint Statement this week on enforcement priorities related to “automated systems,” including artificial intelligence. 

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Berkeley’s Natural Gas Ban in New Housing and Businesses Not Allowed, Says Ninth Circuit

Local or state regulations seeking to decarbonize new buildings by banning natural gas appliances or infrastructure are preempted under federal law according to the Ninth Circuit Court of Appeals.

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Top Five Employment Issues Upon a Sudden Bank Failure

The sudden closure of a bank can create a host of ripple effects.

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Kraken Crypto Staking Program for U.S. Investors Shut Down in Aggressive Expansion of the Howey Test

Payward Ventures, Inc., d/b/a Kraken, the cryptocurrency exchange, has entered into a $30 million settlement agreement with the U.S. Securities and Exchange Commission (SEC) over allegations the company failed to register its cryptocurrency staking program, in violation of U.S. securities laws.

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