Newsletters

02.09.24

New Hampshire Poised to Enact New England’s Second State Comprehensive Privacy Law

On January 18, the New Hampshire legislature passed on a bipartisan basis its version of the state comprehensive privacy law first adopted by Virginia in 2021 and subsequently by more than ten other states, most recently New Jersey.


01.26.24

Vermont Considers Bringing Its Version of Washington’s ‘My Health My Data Act’ To New England

The Vermont Legislature is considering its version (S.173) of Washington’s My Health My Data Act to regulate non-HIPAA health data.


01.19.24

Using Government Incentive Funds Does Not Create a Right to Remove: Eighth Circuit

On the second to last business day of last year, the U.S. Court of Appeals for the Eighth Circuit addressed when a private organization can invoke the federal officer removal statute, 28 U.S.C. § 1442.


01.17.24

New Jersey’s New Privacy Law: What to Know

Yesterday, New Jersey Governor Phil Murphy signed S332, the state’s first comprehensive consumer privacy law. In doing so, New Jersey joins thirteen other U.S. states in passing a comprehensive consumer privacy law.


01.09.24

Proposed Claims Allowed Despite Including Amendments Not Responsive to Unpatentability Ground

In American National Manufacturing Inc. v. Sleep Number Corporation, the Federal Circuit held that so long as a proposed claim amendment does not enlarge the scope of the claims, does not add new matter and is responsive to a ground of unpatentability, the patent owner may also make additional ...


12.14.23

Balancing New Federal & State Cyber Reporting Rules on Health Care & Financial Services Industries

Balancing cybersecurity incident disclosures has been a challenge for those in the trenches for years. That has not changed, and recent regulatory activity should not alter the challenges breach counsel confront.


12.12.23

EU Reaches Consensus over AI Act: What It Means for U.S. Companies

Last Friday, December 8, the European Parliament, the European Council (Council) and the European Commission (Commission) reached a provisional agreement on the Artificial Intelligence Act (AIA).


11.30.23

California’s New Draft Regulations on AI: What You Should Know

This week, the California Privacy Protection Agency (CPPA) released preliminary draft regulations on automated decisionmaking technology ( or “ADMT”) that would require disclosures and associated opt-out and access rights related to businesses’ use of artificial intelligence (AI) ...


11.07.23

Fair Use Is Objective Inquiry Into Use of Original Work, Not Subjective Intent of User or Expression

In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court held, in a 7-2 decision, that the Andy Warhol Foundation for the Visual Arts (AWF) infringed photographer Lynn Goldsmith’s copyright when it sold the right to use one of Andy Warhol’s images of ...


11.06.23

A Federal Right of Publicity for the Age of AI? Unpacking the Proposed NO FAKES Act

Artificial intelligence (AI)-generated deepfakes—content that mimics some or all of the characteristics of one’s identity—have captured the wary attention of the public, politicians and the entertainment industry, among others.