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There are currently 16 states that have enacted individual comprehensive data privacy laws to protect their residents. With approximately 40% of the U.S. population residing in those states, the patchwork of data privacy laws in the U.S. has created significant legal challenges for companies doing business nationwide. However, with Congress taking up the new American Privacy Rights Act (APRA), those challenges may soon abate.
Introduced by Rep. Cathy McMorris Rodgers (R-WA), who chairs the House Energy and Commerce Committee, and Sen. Maria Cantwell (D-WA), who chairs the Senate Commerce, Science and Transportation Committee, the APRA is unique in the current legislative environment in that it is both bi-partisan and bi-cameral. The two sponsors of the APRA hail from Washington State, which is one of the states that have been laboring for years to pass a comprehensive data privacy law in the absence of a federal regulation. With almost one-third of US states slated to have individual comprehensive data privacy laws in effect by 2026, states and federal regulators are continuously adding to the tapestry.
As the focus on protecting personal data continues to grow with the ever-widening adoption of artificial intelligence (AI) tools, exponential increases in the number and breadth of data breaches, and growing awareness of the risk posed by data brokers, the time appears right for a U.S. federal data privacy regulation to succeed in Congress. But is APRA that regulation?
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What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.