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Tanks and Banks: What Fintechs Must Know About Sanctions on Russia

March 25th, 2022|Categories: Corporate Compliance, Emerging Litigation & Risk, Journal, New Featured Post for Home Page, News, Technology Law|Tags: , , , , |

The Guest A highly regarded attorney and much-sought-after speaker for his expertise on the laws and operations of the technology-driven global financial system. Also a member of the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Tanks and Banks: What Fintechs Must Know About Sanctions on Russia Tom Hagy Interviews Brad Rustin of Nelson, Mullins, Riley & Scarborough Click below to get the complete article.

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Cybersecurity and Data Privacy Year in Review 2021

March 21st, 2022|Categories: Corporate Compliance, Emerging Litigation & Risk, Journal, New Featured Post for Home Page, News, Technology Law|Tags: , , , , |

The Authors The authors are all attorneys with the Kennedys law firm (kennedyslaw.com). Joshua Mooney (joshua.mooney@kennedyslaw) and Judy Selby (judy.selby@kennedyslaw.com) are partners. Tracey Kline (tracey.kline@kennedyslaw.com) and Alexis Childs (alexis.childs@kennedyslaw.com) are associates. Bridget Mead, associate, and Javier Vijil, senior associate, also contributed to this article. Judy Selby is also a member of the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation. Cybersecurity and Data Privacy 2021 in Review By Joshua Mooney, Judy Selby, Tracey Kline, and Alexis Childs Abstract: As the world emerged from lockdown, it should come as no surprise that cybersecurity and data privacy remained dominant topics in the media and legal industry. Some of 2021 was much like 2020—ransomware attacks continued to fill the headlines, and in the aggregate, constituted significant loss paid under cyber insurance policies. OFAC reminded victim companies and incident response firms (and cyber carriers) that it remains unlawful to pay ransom payments to designated organizations. Comprehensive federal legislation addressing cyber defenses and notification requirements never materialized. Yet in 2021, we saw new and significant developments. U.S. law continued its drift toward comprehensive privacy regulation with two new significant pieces of privacy legislation and California’s enforcement of the California Consumer Privacy Act. In the absence of federal legislation, federal agencies either [...]

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Robojudges: If Machines Could Make Judicial Decisions, Should They?

March 3rd, 2022|Categories: Complex Business Litigation, Emerging Litigation & Risk, HB Tort Notes, Journal, New Featured Post for Home Page, News, Technology Law|Tags: , , , , |

The Author A leading academic and practitioner, Joshua P. Davis (davisj@usfca.edu) is a nationally recognized expert on legal ethics and class actions, as well as on artificial intelligence in the law, antitrust, civil procedure, free speech, and jurisprudence. He has published more than 30 scholarly articles and book chapters on these subjects and is currently writing a book on AI titled Unnatural Law, which will be published by Cambridge University Press. He is Research Professor of Law at the University of California Hastings College of Law, and a Shareholder of the Berger Montague PC law firm and Manager of its new San Francisco Bay Area Office. Before taking these posts, for more than 20 years Davis was a tenured Professor of Law at University of San Francisco Law School, where he also served as the Director of the Center for Law and Ethics. Davis is also a member of the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation, published by Fastcase Full Court Press. Tom Hagy, Editor in Chief. You can also listen to Josh on the Emerging Litigation Podcast! Robojudges: If Machines Could Make Judicial Decisions, Should They? By Joshua P. Davis Abstract: As artificial intelligence makes its way into every aspect of our daily lives—including [...]

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The Rise of Robojudges with Josh Davis

December 15th, 2021|Categories: Complex Business Litigation, ELP, Emerging Litigation & Risk, HB Tort Notes, News, Technology Law|Tags: , , , , |

The Rise of Robojudges with Joshua Davis The good news for all of us, not the least of which are the robe and wig industries,  is that we still have time. Artificial intelligence is advancing rapidly, but it's still not able to think like a learned jurist. We can say it will have flaws, but so do our human deciders. So it will be a tradeoff, right? What are the risks? What are the upsides? Will robojudges be able to absorb infinitely more information quickly? Will they hand down decisions free from the influence of bias? Wouldn't it be great to eliminate conflicts of interest?  Joining me to discuss this not-so-out-there concept is Joshua P. Davis, a nationally recognized expert on legal ethics, class actions, and artificial intelligence in the law. He is Research Professor of Law at the University of California Hastings College of Law, and Shareholder and Manager of Berger & Montague, P.C.'s new San Francisco Bay Area Office. For more than 20 years Josh was a tenured Professor of Law at the University of San Francisco Law School, where he also served as the Director of the Center for Law and Ethics. Josh is authoring two books, one titled Unnatural Law, dealing with AI and the law, and a second on the important issue of class action ethics.  Finally, [...]

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Broken Privilege and IoT with Kathryn Rattigan

December 10th, 2021|Categories: Complex Business Litigation, ELP, Emerging Litigation & Risk, News, Technology Law|Tags: , , , , |

Broken Privilege and IoT with Kathryn Rattigan Joining me to discuss this emerging area of law is Kathryn M. Rattigan, a member of the Business Litigation Group, the Data Privacy + Cybersecurity Team, and the Drone Compliance Team in the Rhode Island office of Robinson Cole. Kathryn provides clients guidance regarding privacy and data protection in connection with mobile devices, data storage technologies, mobile apps, and location-based services. She  assists with the development of website and mobile app privacy policies and  terms and conditions. Kathryn is a frequent contributor to the excellent Robinson Cole Data Privacy + Cybersecurity Insider blog.  She holds a J.D. from the Roger Williams University School of Law and a B.A. (magna cum laude) from Stonehill College. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Kathryn is, please drop me a note at Editor@LitigationConferences.com. Finally, yes, "skeevy" is a word. And the law is not settled as to whether Shiloh has privacy rights. Tom Hagy Host of the Emerging Litigation Podcast There are now billions and billions of interconnected devices [...]

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Putting an AI App to Work to Protect IP with Jan-Diederik Lindemans and Judith Bussé

November 1st, 2021|Categories: ELP, Emerging Litigation & Risk, Intellectual Property, News, Technology Law|Tags: , , , , |

Putting an AI App to Work to Protect IP with Jan-Diederik Lindemans and Judith Bussé They are Crowell & Moring partner Jan-Diederik Lindemans and Judith Bussé, both part of the firm’s Technology & Intellectual Property Department in Brussels. And, working with Neotalogic, they developed an interactive app that takes you through a set of attorney-crafted questions that, depending on your answers, take you to other questions. The app applies a layer of artificial intelligence to enhance the information gathering process. Listen to what these innovators had to say about the Crowell & Moring IP Check-Up application, and take it for a test drive yourself.  Or, here is a quick video of someone using the app. This podcast is the audio companion to the Journal on Emerging Issues in Litigation*, a collaborative project between HB Litigation Conferences and the legal news folks at Law Street Media, and the Fastcase legal research family, which includes Docket Alarm and Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful our guests are, please drop me a note at Editor@LitigationConferences.com. Tom Hagy Host of the Emerging Litigation Podcast * Highly regarded insurance and reinsurance industry attorney Laura Foggan of Crowell & Moring's Washington, DC, office is on the Editorial Advisory Board. Thanks to Laura for connecting me with J.D. and Judith.  An organization’s intellectual property is [...]

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Drone Law with Kathryn Rattigan

August 30th, 2021|Categories: Class Actions, ELP, Emerging Litigation & Risk, News, Technology Law|Tags: , , , , |

Drone Law with Kathryn Rattigan Joining me to discuss this emerging area of law is Kathryn M. Rattigan, a member of the Business Litigation Group, the Data Privacy + Cybersecurity Team, and the Drone Compliance Team in the Rhode Island office of Robinson Cole.  Kathryn advises clients on these matters with expertise in the relevant Federal Aviation Administration regulations. She and her colleagues also advise clients on employee and subcontractor contracts, insurance policies, privacy regulations, state and local laws, and best practices as recommended by the National Telecommunications and Information Administration.  She handles product defect, personal injury, and property damage litigation, too.  Kathryn is a frequent contributor to the excellent Robinson Cole Data Privacy + Cybersecurity Insider blog.  She holds a J.D. from the Roger Williams University School of Law and a B.A. (magna cum laude) from Stonehill College. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Kathryn is, please drop me a note at Editor@LitigationConferences.com. This podcast is based on an article she wrote for the Journal. Just to clarify. Kathryn does own a drone, but not [...]

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Virtual Hearings: Changing Perceptions of Executive Testimony?

August 12th, 2021|Categories: Complex Business Litigation, Emerging Litigation & Risk, HB Risk Notes, HB Tort Notes, Journal, News, Technology Law|Tags: , , , , |

Virtual Hearings: Changing Perceptions of Executive Testimony? Abstract Given the newly acceptable ease of securing testimony via webcam—necessitated by the pandemic—this article focuses on efforts to compel the appearance of corporate executives to testify in litigation. While there are many practical advantages to virtual testimony, the authors maintain that mere convenience cannot replace legal standards of relevance and undue burden when pursing the testimony of executives. Authors Sean J. Coughlin (scoughlin@bressler.com) is a Principal in the Financial Institutions group at Bressler, Amery & Ross, P.C., where he represents institutions and individuals in regulatory investigations and defense litigation. Before joining the firm, he was an Executive Director in the legal department at Morgan Stanley, a Managing Director at Citigroup/Smith Barney, and a Senior Assistant District Attorney in the Kings County District Attorney’s office. Jacqueline R. Meyers (jmeyers@bressler.com) is an associate at Bressler, Amery & Ross, P.C., whose practice focuses on securities defense litigation, arbitration, and regulatory investigations. She has specialized experience in litigation concerning arbitrability and enforcement of arbitration awards. About The Journal on Emerging Issues in Litigation is a co-production of HB, Fastcase, and Law Street Media. You can also hear the complementary (and complimentary) Emerging Litigation Podcast wherever podcasts appear. For questions, contact Tom Hagy, Editor in Chief, at Editor@LitigationConferences.com. [...]

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Facial Recognition: How It Works and How It Doesn’t

January 14th, 2021|Categories: Class Actions, HB Risk Notes, News, Technology Law|Tags: , , , , |

Debbie Reynolds Founder, CEO & CDPO Debbie Reynolds Consulting Website Martin T. Tully Founding Partner Actuate Law Website Facial Recognition: Benefits & Risks Editor's Note: Imagine how great technology would be if it weren't for people. Since the beginning of time man has developed remarkable solutions to common problems. But leave it to nefarious, despicable, criminal or just plain dumb people to ruin them for the rest of us. You know, like gun powder, nuclear power, and the internet. Facial recognition programs and collection of biometric data would appear to have more benefits than risks, but those risks are there. As use of the technology proliferates we can expect more litigation as additional states follow Illinois -- the first to enact a state Biometric Information Privacy Act. Martin T. Tully of Actuate Law LLC and Debbie Reynolds of Debbie Reynolds Consulting LLC, outline these risks and how regulation and litigation is responding in their article: Facial Recognition Proliferation: Litigation and Legal Implications of Biometric Technologies. Below are a couple excerpts from their article, published in the January 2021 edition of the Journal on Emerging Issues in Litigation. --Tom Hagy Some FR technologies use a scanner to identify 4,500 different points of facial geometry to create a map of a person's face. The application doesn’t [...]

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Does Data Sharing and Zoombombing Cause Actual Harm?

January 14th, 2021|Categories: Corporate Compliance, HB Risk Notes, Technology Law|Tags: , , , , |

Legal Writer Law Street Media FTC Settles Health Data Sharing and Privacy Suit With Fertility App Flo Health Nothing in this life is free. Or cheap. Free and low-cost apps. Free internet searches. Free email. Free iPhones. Yeah. We're paying for it one way or the other. In this case, once again, it's private health information some folks are paying with.  Here is an excerpt of a post shared with the permission of Fastcase and Law Street Media. --Tom Hagy, HB Litigation Conferences WASHINGTON, DC -- Jan. 13, 2021 -- The Federal Trade Commission (FTC)  announced that that it has reached a  proposed settlement with Flo Health, Inc., the “developer of a period and fertility-tracking app used by more than 100 million consumers,” over claims that the company shared user health information with third-party data analytics providers despite promising that this information would remain private. In the complaint, the FTC alleged that Flo promised users that it would keep their health data, which includes menstrual cycle tracking and a PMS symptom log, as well as ovulation, fertility, and pregnancy information, private because it would only use this information to provide the app’s services to users. However, the FTC averred that Flo disclosed millions of users’ health data from its Flo Period & Ovulation Tracker app to third-parties “that provided [...]

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Microsoft Sued Over Data Sharing in Class Action

July 26th, 2020|Categories: Class Actions, Emerging Litigation & Risk, HB Risk Notes, HB Tort Notes, News, Technology Law|Tags: , , , , |

Microsoft Sued Over Data Sharing in Class Action Consumers, including individuals and companies, filed a class action complaint  against Microsoft in U.S. District Court for the Northern District of California, claiming the company shared consumer data without consent to subcontractors and third parties, including Facebook, despite policies that stated otherwise.  The plaintiffs accused Microsoft of “misrepresenting its privacy and security practices, violating federal and state law, and illegally sharing and using its business-class Microsoft Office 365 and Microsoft Exchange customers’ data.”  Read more from Law Street Media: https://lawstreetmedia.com/tech/microsoft-sued-over-data-sharing-in-class-action/

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Facial Recognition Update July 2020

July 17th, 2020|Categories: Class Actions, Emerging Litigation & Risk, News, Technology Law|Tags: , , , , |

Facial Recognition Technology -- Emerging After Decades of Development -- Draws Lawsuits and Proposed Bans  We sometimes forget that not all of the technical wizards who transformed our world were young “geniuses” jacked up on Starbucks, their shirttails hanging out in the ping-pong section of their open concept offices. Woody Bledsoe was born 99 years ago. As a young son of a sharecropper he demonstrated exceptional mathematical capabilities. Early in his career he had a dream: A machine that could think like a human, converse like one, and even recognize faces. This was as far back as the 1950s. This mathematician and computer scientist would go on to teach for decades at the University of Austin where he worked to advance automated reasoning and artificial intelligence. But what was his role in the development of the technology exactly? Did he perform work for a CIA front? And why, in his old age and suffering from the cruelty of ALS that would ultimately kill him in 1995, did he ask his son to set fire to a stack of old papers? Take a look at “The Secret History of Facial Recognition” written by Shaun Raviv for Wired Magazine, which explores why, among other things, “the record of [Blesdoe’s] role all but vanished.” If there isn’t a movie script in the works there probably will be soon.   Today facial recognition is used in such innocent and handy ways as pointing out [...]

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