We recently drafted an article that discussed court decisions that reached very different conclusions about how the attorney-client privilege and work product doctrine apply to materials submitted to and created by generative AI (GenAI) tools. A recent decision from the
Privacy Day 2026: Why trust is the new competitive advantage
Every year, Privacy Day gives organizations a moment to pause and reflect on how rapidly the data landscape is shifting, but 2026 feels different. The conversation has moved beyond compliance checklists and breach headlines. Privacy is moving beyond legal, shaping…
New York’s algorithmic pricing law
On November 10, 2025, New York’s disclosure law on algorithmic pricing went into effect. This post will describe the law, a recent federal court case, and some potential effects, using precise geolocation data as an example.
The law
The law…
Happy e-Discovery Day
Happy e-Discovery Day! On December 4, 2025, legal professionals around the globe will unite to celebrate e-Discovery Day, a day where we honor the pivotal 2006 amendments to the Federal Rules of Civil Procedure (FRCP) that marked a turning point…
California’s anti-employment-discrimination regulations now include AI, expand retention requirements
On June 27, 2025, the California Civil Rights Council, which is part of the Civil Rights Department, published revised regulations to protect against employment discrimination as a result of an employer’s use of artificial intelligence (AI) and other technologies that…
FTC’s COPPA Rule changes include AI training consent requirement
The Federal Trade Commission has published a Final Rule relating to changes in the Children’s Online Privacy Protection Act (“COPPA”) regulations, which will go into effect on Monday, June 23, 2025. The final Rule generally provides 365 days from the…
Don’t throw the AI baby out with the data leakage bath water: Reading “AI Snake Oil” with a spirit of optimism
The privacy-cyber world seems preoccupied with issues related to the nexus between personal data and AI. Those issues, although important, are dwarfed by a more pressing and fundamental question: can we get AI to do useful things reliably and accurately…
New York Department of Financial Services addresses cybersecurity risks from artificial intelligence
On October 16, 2024, the New York Department of Financial Services (“NYDFS” or “DFS”) issued guidance raising awareness about combatting cybersecurity risks arising from artificial intelligence (“AI”) used by DFS licensees, such as insurers and virtual currency businesses. Risks revolve…
California proposes rules for automated decision-making
On November 27, 2023, the California Privacy Protection Agency (“CPPA”) released a first draft of rules for automated decision-making technologies under California’s privacy law. The proposed rules revolve around providing notice of the technology’s use, opting out, and consumer access…