Business Law

From Phone Records to Foundation Models: What the USA FREEDOM Act Can Teach Us About AI, Surveillance, and National Security

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In the wake of the USA FREEDOM Act of 2015, Congress attempted to recalibrate the balance between national security and civil liberties after more than a decade of expansive surveillance conducted under the USA PATRIOT Act. That recalibration offers a useful lens for understanding today’s growing conflict between the federal government and frontier artificial intelligence […]

Business Law

Why Attorney-Directed Risk Assessments Give Companies a Strategic Edge

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Modern organizations face overlapping risks—technical, legal, operational, and reputational.  Attorney‑directed risk assessments turn that complexity into a defensible, executive‑ready plan of action.  Below is a clear, practical overview of why having legal counsel direct your assessment adds unique value that a purely technical review cannot deliver. 1) Legal Privilege & Protection When an attorney directs […]

Business Law

FTC Security Guidelines for Mobile App Developers

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In response to the thousands of mobile applications hitting the market that often rely on consumer data (i.e. contact information, location, photos, etc.), the Federal Trade Commission (“FTC”) released a suggested list of security guidelines for mobile app developers to follow when designing a program. While a no one-size-fits-all checklist can exist, the FTC views […]

Business Law

Sensenbrenner-Rokita NSA Reform Bill Seeks to Bring Transparency to FISA Process

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A bipartisan group of House and Senate members introduced the USA FREEDOM Act last month in an attempt to restore Americans’  privacy rights by ending the bulk collection of phone records and requiring greater oversight, transparency, and accountability with respect to domestic surveillance programs.  The Sensenbrenner-Rokita NSA Reform Bill (another name for the USA FREEDOM Act) […]

Business Law

Washington State Gov. Inslee Signs SB 5211 – Social Media Password Disclosure Law

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Last Week, State of Washington Governor Jay Inslee signed SB 5211 into law, which prohibits employers from requiring or requesting that prospective or current employees disclose their username and password to their personal social media accounts.  Washington State now joins a growing list of states (Maryland, California, Illinois, Michigan, Utah, New Mexico, Arkansas, and Colorado) who […]

Business Law

Intellectual Property Theft Soars as Cyber-Attacks Against Businesses Increase

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Verizon recently released its 2013 Data Breach Investigations Report, and the outlook for organizations trying to protect their intellectual property is dire.  Cyber-based corporate and industrial espionage has risen so dramatically in the last year that intelligence officials are asking boardrooms across the U.S. to be more vigilant against cyber-criminals who are motivated by financial gain […]

Business Law

SEC Ruling on Social-Media Disclosures Offers Little Guidance for Businesses

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As reported in The Wall Street Journal today, Netflix, Inc., has filed documents with the Securities and Exchange Commission (“SEC”) stating its intent to disclose “material information” on its corporate Twitter feed, Facebook page, and blog, as well as the Facebook page of its CEO.  The Los Gatos-based company will continue to file traditional disclosures, regarding important […]