Practical perspectives for contemporary legal challenges.
Privilege and Work Product in the Age of AI Depending on which court you ask, your latest prompt to an artificial intelligence (“AI”) chatbot is either a protected private thought or a voluntary disclosure to someone other than your lawyer. In a legal landscape struggling to keep pace with technology, two ‘first-of-their-kind’ rulings—United States v. …
Continue reading “Dear Counsel, Meet Exhibit A: Your Client’s ChatGPT History”
In its FY 2026 budget, Ohio quietly folded in a sweeping cybersecurity mandate that will require every “political subdivision” to have a cybersecurity program that aligns with recognized industry frameworks and adopt strict new rules around ransomware response by September 29, 2025. Below is a practical roadmap for municipal counsel, administrators, and IT leads who …
The Federal Trade Commission’s (FTC) negative option rule, better known as the “Click-to-Cancel” rule, which was set to go into effect July 14, 2025, has been vacated in its entirely by the Eighth Circuit in Custom Communications, Inc. v. FTC, Case No. 24-3137 (8th Cir. July 8, 2025). The court held that the FTC flouted …
Continue reading “Rule Interrupted: “Click-to-Cancel” is “Click-to-Gone””
On January 27, 2025 (the “Effective Date”), the Federal Communications Commission’s (“FCC”) “1:1” consent rule for telemarketing texts and auto-dialed, i.e., robocalls and robotexts will go into effect (the “Final Rule”). The Final Rule will require consumers to provide separate, written consent for each company that wants to send the consumer marketing messages, and it …
On July 1, 2024, Florida, Oregon, and Texas will join California, Colorado, Connecticut, Utah, and Virginia by adding privacy laws governing the collection, use, and transfer of consumer personal data. Montana will follow suit effective October 1, 2024. The new laws are similar to existing state data privacy laws in that they grant consumer protections and …
Continue reading “Better Call Your Privacy Attorney: 3 New State Privacy Laws Begin July 1, 2024”
Today’s gaming and hospitality companies are complex businesses and data driven processes and systems that collect significant and various types of customer information to provide unsurpassed customer service. However, the collection, processing, and storage of such information will now be more complex as regulatory bodies globally and governments in the U.S. impose tighter controls on …
The European Union’s (EU) General Data Protection Regulation (GDPR) goes into effect on May 25, and so do the significant fines against businesses that are not in compliance. Failure to comply carries penalties of up to 4 percent of global annual revenue per violation or $20 million Euros – whichever is higher. This regulatory rollout …
Executive Summary and Takeaway: Trade secrets and confidential information are receiving increasing protection in many states, and as more states perceive this as a “business friendly” issue, this trend will continue and expand. Non-competition provisions, while generally enforceable, are being scrutinized more closely by state legislatures and courts. The best way to ensure that your …