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On May 11, 2023, Tennessee became the eighth state to join the most recent trend in state legislation when Governor Lee signed the Tennessee Information Protection Act (TIPA) into law. Tennessee follows other states that have recently enacted comprehensive privacy legislation, starting with...
On Wednesday, March 15, Iowa’s House Legislature unanimously voted to approve Senate File 262 (SF 262), a comprehensive data privacy bill that unanimously passed the Senate on March 6. The bill will now move to the Governor’s desk to be signed into law (if the Governor does not sign or veto the bill...
On March 7, 2023 the U.S. Department of Housing and Urban Development (the “HUD”) Secretary, Marcia L. Fudge, issued a public memorandum (the “Memo”) expressing concern over a lack of transparency in fees charged to residential tenants. The Memo calls on housing providers and state and local...
The use of artificial intelligence (AI) to generate creative works raises interesting legal challenges to the protection of intellectual property. The plain language of the Copyright Act presents obstacles to artists who may use generative AI as part of their creative process. The U.S. Copyright...
On February 28, 2023, the Federal Trade Commission (“FTC”) and Consumer Financial Protection Bureau (“CFPB”) issued a Request for Information (“RFI”) seeking public comment on background screening issues affecting rental housing applicants and tenants in the United States. The 10-page RFI, which the...
The 2021 calendar year reports from HHS OCR describe OCR’s efforts that calendar year and are instructive tools for all parties who need to comply with HIPAA to understand macro-level trends. What You Need to Know: OCR continues to receive tens of thousands HIPAA complaints each year. “Large”...
In Bureau of Consumer Financial Protection v. Townstone Financial, Inc ., the Consumer Financial Protection Bureau (“CFPB”) brought suit against Townstone, a mortgage broker/lender, and its co-founder and chief executive, Barry Sturner (“Sturner”) for alleged violations of the Equal Credit...
The use of artificial intelligence (AI) to create works of art creates interesting legal challenges to the protection of intellectual property. A copyright infringement class action lawsuit has been filed against providers of AI software that is used to generate visual works of art based on...
The use of artificial intelligence (AI) in health care, and specifically, as the utilization of software in medical devices continues to increase. Machine learning (ML) is a branch of AI in which computer systems automatically adapt, improve, and make predictions by applying algorithms to analyze...
The use of artificial intelligence (AI) to create works of art and inventions raises interesting legal challenges to the protection of intellectual property (IP). The plain language of the Copyright Act and Patent Act present obstacles to inventors and artists who may use or be AI systems. Recent...
October was National Cybersecurity Month. As part of its ongoing focus on HIPAA Security Rule awareness and compliance, the Office for Civil Rights (“OCR”) within the Department of Health and Human Services (“HHS”), published its HIPAA Security Rule Incident Procedures newsletter (the “Newsletter”)...
The Consumer Financial Protection Bureau (“CFPB”) is grappling with determining the most effective means of regulating the buy now pay later industry. BNPL allows a consumer to obtain a product or services immediately at the time of purchase and to make installment payments on the purchase over time...
The close of California’s legislative session on August 31 without amending the California Consumer Privacy Act (“CCPA”) means that CCPA will soon apply to personal information that many businesses process concerning their employees, contractors, and applicants. CCPA had been amended in November of...
A spate of lawsuits across the country has targeted companies that use website tracking and analytics tools, claiming they are violating prohibitions against illegal wiretaps. In a recent precedential decision, the Third Circuit weighed in on this issue, suggesting that companies can indeed be...
The California Attorney General began exercising enforcement authority under the CCPA on January 1, 2020. Among the CCPA’s enumerated rights for consumers, the cornerstone of the CCPA, is the right to opt out of the collection of personal information. In Sephora’s case, the Attorney General...