Privacy and data breach class action litigation, as well as artificial intelligence issues, are among the key issues that keep businesses and corporate counsel up at night. There was over $1 billion procured in settlements and jury verdicts over the last year for these types of “bet-the-company” cases. At the ALM Law.com Legalweek 2024 conference in New York City, Duane Morris partner Alex W. Karasik was a panelist at the session “Trends in US Data Privacy Laws and Enforcement.” The conference, which had over 6,000 attendees, produced excellent dialogues on how cutting-edge technologies can potentially lead to class action litigation.
Discrimination Suits Rise with AI Recruiting Software
In Mobley v. Workday, Inc., Case No. 23-CV-770 (N.D. Cal. Jan 19, 2024) (ECF No. 45), Judge Rita F. Lin of the U.S. District Court for the Northern District of California dismissed a lawsuit against Workday involving allegations that algorithm-based applicant screening tools discriminated applicants on the basis of race, age, and disability. With businesses more frequently relying on artificial intelligence to perform recruiting and hiring functions, this ruling is helpful for companies facing algorithm-based discrimination lawsuits in terms of potential strategies to attack such claims at the pleading stage.
Read more on the Duane Morris Class Action Defense Blog.
DOJ Investigating AI Use at Health & Pharma Companies
Recently, it was reported that DOJ has subpoenaed the records of digital health companies and pharmaceutical companies in investigating whether AI may be used to steer treatment decisions, resulting in medically unnecessary anti-kickback and false claims violations.
Read more on the Duane Morris Health Law Blog.
Artificial Intelligence Updates – 01.26.24
#HelloWorld. January has not been especially frantic on the legal-developments-in-AI front. Yes, we know the anticipated final text of the EU AI Act was published unofficially, but the final vote hasn’t happened yet, so we’re biding time for now. Meanwhile, in this issue, we check in with state bar associations, SAG-AFTRA, and the FTC. They have things to say about AI policy too, so we’ll listen. Let’s stay smart together.
Read more on The Artificial Intelligence Blog.
GenAI Investigated by FTC
The Federal Trade Commission announced that it has begun an investigation into Generative AI investments and partnerships. Read more on the Duane Morris Artificial Intelligence Blog.
Artificial Intelligence and Herring Fishing
Herring fishing – of all things – could have a big impact on AI regulation in 2024. That is, cases brought by two herring fishing companies are before the Supreme Court that could have wide-reaching influence. Read more on the Duane Morris AI Blog.
Replay: International Developments in Privacy
A replay of The Data Privacy and Security Landscape: International Developments in Privacy is now available for viewing.
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Artificial Intelligence Updates – 01.11.24
#HelloWorld. It’s 2024 and we… are…back. Lots to catch up on. AI legal developments worldwide show no signs of letting up, so here’s our New Year’s resolution: We’re redoubling efforts to serve concise, focused guidance of immediate use to the legal and business community. Let’s stay smart together.
Read more on The Artificial Intelligence Blog.
Reminders for AI Companies from FTC
On January 9, the Staff in the Office of Technology of the Federal Trade Commission (“FTC”) posted a reminder to AI companies, enumerating the ways that they can run afoul of the laws enforced by the FTC. In particular, FTC Staff called out Model-as-a-Service companies, and impressed the importance of safeguarding individual and proprietary data involved in creating the models. FTC Staff indicated that there could be both consumer protection and competition concerns associated with a failure to do so. Further, FTC Staff warned that AI companies need to be forthcoming in how data is being used, and companies that omit material facts that would affect whether customers buy a particular product or service may run afoul of competition laws.
Webinar: International Developments in Privacy
Duane Morris LLP will present a webinar, The Data Privacy and Security Landscape: International Developments in Privacy, on Wednesday, January 17, 2024, at 11:00 a.m. Eastern time/11:00 p.m. Vietnam time.
About the Program
The web of data protection laws being introduced across the world continues to become ever more complex. Businesses operating at an international level face serious compliance challenges. This program will present a discussion of data protection laws in countries that present some of the most significant risks. Beginning in Europe, we will discuss the new rules around cross-border transfers, trends and approaches from the regulator to the enforcement of the GDPR and its interaction with proposed AI laws. Our discussion of Asia will recap the position in a number of the major jurisdictions in the region (Japan, Singapore and China) and compare and contrast these with new law in Vietnam. For Latin America, we will focus on Mexico’s federal law on the Protection of Personal Data Held by Private Parties, Argentina’s Personal Data Protection Act and the Brazilian Data Protection Act. The discussion will include the privacy principles of each law, approaches to transfer and enforcement.
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