On April 20, 2026—just four days before the original compliance deadline—the Department of Justice published an interim final rule pushing back its web and mobile app accessibility deadlines by a year. The interim final rule took effect immediately. The extension is welcome, but the Department made clear it “fully anticipates implementing the regulation at the new deadline,” and existing ADA obligations continue to apply in the meantime.
First Impression: Attorney-Client Privilege and AI Use
By Courtney L. Baird and Ryan S. Crawford
In an issue of first impression, a federal court held that information a defendant input to a consumer generative AI system on his own initiative is not protected by the attorney-client privilege or the work product doctrine. That holding extended to documents the defendant generated using AI and later shared with counsel.
Privacy, Privilege and Ethical Pitfalls of AI Transcription Tools
By Sharon Caffrey and Seth H. Dawicki
Duane Morris Partner Sharon L. Caffrey and Associate Seth H. Dawicki co-authored the article “AI Transcription Tools: Privacy, Privilege and Ethical Pitfalls” for Law.com. Sharon and Seth discuss the privacy and ethical pitfalls of the widespread adoption of artificial intelligence transcription tools.
Read a reprinted version of the article on the Duane Morris LLP website.
U.S. Supreme Court to Decide Who Qualifies as a “Consumer” Under the Video Privacy Protection Act
By J. Colin Knisely and Michael S. Zullo
On January 26, 2026, the U.S. Supreme Court granted certiorari in Salazar v. Paramount Global to resolve a growing circuit split over who qualifies as a “consumer” under the Video Privacy Protection Act. The petition asks whether the VPPA protects individuals who subscribe only to nonaudiovisual content—such as a free newsletter—from a company that also offers video programming.
Read the full Alert on the Duane Morris LLP website.
USPTO Signals Strong Support for Patent Eligibility in Cutting-Edge Technologies
The USPTO’s new director has singled out AI, distributed ledger technologies and diagnostics as prime areas of innovation that merit patent protection. Companies, investors and other stakeholders are closely watching how the USPTO’s active guidance may better align patent practice with the ingenuity and societal benefits these technologies represent.
Game Over for Ownership? UK Petition Pushes Back on Digital Shutdowns
A UK government petition demanding changes to consumer law around the sale of video games has passed 100,000 signatures. This milestone triggers consideration for a debate in Parliament and throws the spotlight on a growing international issue. The petition calls for a change in the law to prevent publishers from disabling or removing access to games after they have been sold, unless consumers are given the right to retain or repair them.
It is part of the wider Stop Killing Games campaign, a grassroots consumer movement gaining traction globally. Alongside the UK petition, a European Citizens’ Initiative has also surpassed the required one million signatures, meaning it will now be formally reviewed by the European Commission (subject to verification) and brought before the European Parliament for a public hearing. Read the full post on the Duane Morris London Blog.
New York Department of Financial Services Issues Cybersecurity Threat Alert as Malicious Activity Rises
The New York Department of Financial Services (DFS) published an alert directed to all DFS-regulated entities specifically warning of a widespread cybersecurity threat involving social engineering of regulated institutions’ IT help desk personnel and call center personnel.
According to the alert, DFS has detected a trend in which threat actors have targeted IT personnel as a part of schemes to gain system access through password resets and diversion of multi-factor authentication (MFA) to new devices. According to DFS, threat actors have employed tactics including voice-altering technology and leveraging information found online about identities of individuals, in attempts to convince IT personnel at help desks and call centers to comply with fraudulent access requests.
DFS cautions all regulated entities to be on “high alert for suspicious communications” based on the observed threat actors’ recent activity. Entities are encouraged by DFS to:
- implement secure controls for password changing and MFA device configurations;
- exercise caution in authenticating the identity of anyone who tries to change a password or MFA device; and
- remain vigilant when receiving requests from individuals and vendors regarding system access.
DFS included a link to guidelines published by the U.S. Department of Homeland Security’s Cybersecurity & Infrastructure Security Agency (CISA). The guidelines from CISA (CISA: Avoiding Social Engineering and Phishing Attacks) identify best practices to protect against these cyber threats, including:
- Distinctions between common methods of social engineering employed by threat actors
- Common indicators of malicious activity disguised as a legitimate communication
- Proactive measures to minimize the risk of disclosing information and/or permitting access to threat actors
- Guidance and resources on handling a cybersecurity compromise
In addition to the CISA guidelines, NYDFS has a publicly available Cybersecurity Resource Center with more information and guidance for DFS-regulated individuals and entities.
For More Information
If you have any questions about this blog post, please contact Michelle Hon Donovan, Ariel Seidner, Milagros Astesiano, any of the attorneys in the Privacy and Data Protection Group, or the attorney in the firm with whom you are regularly in contact.
Disclaimer: This blog post has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm’s full disclaimer.
Colorado Privacy Act’s Universal Opt-Out Provision Goes Into Effect July 1, 2024
While the Colorado Privacy Act (CPA) has already been in effect, as of July 1, 2024, companies that meet the threshold compliance criteria for CPA and that engage in the processing of personal data for purposes of targeted advertising or the sale of personal data (“covered entities”) must implement a universal opt-out mechanism, which allows users to more easily exercise their opt-out rights with these covered entities. Specifically, a universal opt-out mechanism allows a user to configure their internet browser settings, and as a result, the websites the user visits from that browser automatically receive the user’s opt-out signal. As of July 1, 2024, covered entities must recognize and honor a user’s opt-out preferences where communicated through a universal opt-out mechanism.
Read the full Alert on the Duane Morris LLP website.
Webinar: Privacy Class Action Litigation Trends
Duane Morris LLP will present a webinar, The Data Privacy and Security Landscape: Privacy Class Action Litigation Trends, on Thursday, May 30, 2024, from 12:30 p.m. to 1:30 p.m. Eastern time.
Continue reading “Webinar: Privacy Class Action Litigation Trends”
Webinar Replay: Tech Sector Sanctions, Export Controls and Foreign Investment Rules in the U.S., the U.K. and the EU
A replay of Tech Sector Sanctions, Export Controls and Foreign Investment Rules in the U.S., the U.K. and the EU is available for viewing.