Privacy Plus+ News
Stay informed with our latest insights on privacy and technology trends, along with key updates from our firm.
Providing Notice “When Every Click is Counted” – S.D. Cal. Weighs in
This week, let’s highlight a recent case from California, Price et al. v. Carnival Corp., which addressed the issue of "notice" as it relates to online privacy, and specifically focused on the use of session replay software.
When Opt-Ins are Illusory – The Fifth Circuit has Something to Say
This week, let’s highlight last week’s 5th U.S. Court of Appeals opinion in United States v. Smith, finding geofence warrants unconstitutional, and in the process, challenging the voluntary nature of the “electronic opt-in process.”
Meta's $1.4 Billion Texas Biometric Settlement
This week, let’s highlight Texas’s recent $1.4 Billion settlement with Meta stemming from its 2022 lawsuit accusing the “Artificial Intelligence empire” of building itself on the “backs of Texans” by violating the Texas Capture or Use of Biometric Identifier Act (CUBI).
AI Legal Ethics: New Guidance from the ABA
This week, let’s consider the American Bar Association’s Formal Opinion 512 —new guidance regarding ethical considerations for attorneys using generative AI.
CrowdStrike Limits Liability?: "Fees Paid" vs. "Fees Paid or Payable"
This week, prompted by the recent CrowdStrike outage, let’s consider how the precise wording of limitations of liability clauses can be used to manage risk.
Pixels and Privacy: Are IP Addresses Personal Information?
This week, let’s consider the issue of whether an IP address can be considered personal information under the law, and its relevance to pixel and session replay litigation.
Navigating the Texas Data Privacy and Security Act: Insights from the Attorney General’s New Resource
This week, let’s highlight a new resource published by the Office of the Attorney General on the Texas Data Privacy and Security Act.
Texas Attorney General Signals Enforcement of Data Broker Registration Law
This week, let’s highlight the recent issuance of over one hundred notifications to companies accused of violating the new data broker law in Texas.
In the Dark: Understanding the Implications of “Shadow AI.”
This week, let’s consider the growing trend of “Shadow AI,” which refers to the unsanctioned use of AI tools or systems within an organization, often without the knowledge of the organization and outside of the organization’s governance framework.
Know Your Geek: FTC Details Imposter Scams from Surprising Directions
This week, let’s consider the Federal Trade Commission’s recent report on the top “cyber scams.”
FTC Lessons in Handling Sensitive Location Data
This week, let’s consider the FTC’s continued focus on sensitive location data. We’ll look at the lessons that can be learned from its latest actions, and provide a related thought on how irony emerges when considering local governments' widespread adoption of Smart City technologies.
Copyright and Contract – The Thorny Problem of “Preemption”
This week, let's consider a fresh take on preemption articulated by Professor Guy Rub (featured on Eric Goldman's blog), which suggests evaluating whether contracts undermine federal copyright policies rather than simply if they are “equivalent” to copyright.
U.S. Consumer Data Privacy Checklist
This week, we would like to provide a U.S. Consumer Data Privacy Checklist as a resource for our readers.
An Appraisal of the FTC’s Ban on Non-Competes
This week, let’s consider the Federal Trade Commission’s (FTC’s) new final rule imposing a comprehensive ban on non-competition agreements (NCAs) for all workers except a few senior executives.
Exploring EPIC’s Report on Outsourced AI Systems
Exploring EPIC’s Report on Outsourced AI Systems: This week, let’s consider government contracts for AI systems and the Electronic Privacy Information Center’s analysis of related issues, like privacy, cybersecurity, accuracy, bias, and more. Tips about procurement and contracting are included.
The Emerging Conflict in Data Privacy Regulation: FCC, FTC, and the Proposed American Privacy Rights Act
This week, let’s consider a brewing conflict between the Federal Communications Act (FCC) and the Federal Trade Commission (FTC) concerning the enforcement of data privacy laws as highlighted by the proposed American Privacy Rights Act (APRA).
U.S. State Privacy Laws (as of April 2024)
This week, let’s consider the current patchwork of state consumer privacy laws in the United States.
Hosch & Morris Co-Founders Counted Among the Best Lawyers in Dallas
Hosch & Morris Co-Founders recognized by D Magazine as Best Lawyers for Digital Information & Technology.
Health Privacy vs. Generative AI
This week, let’s consider the risks associated with the use of generative AI in healthcare settings, and explore ways to mitigate them, including the use of privacy-enhancing technologies.
AI Legal Ethics: New Guidance from New York
This week, let’s consider recent guidance issued by the New York State Bar Association's Task Force on AI and Ethics regarding the ethical and practical implications of the use of artificial intelligence by lawyers.