Determining Ownership Rights of Social Media Accounts
May 01, 2024
Whether in the context of artist/entertainment company, employer/employee, franchisor/franchisee or influencer/brand relationships, who owns and controls the social media accounts and associated goodwill sometimes comes into dispute. This article provides guidance on the standards courts apply in determining ownership rights over social media accounts, as well as best practices to head off such disputes before they occur.
Proposed Cybersecurity Rule Could Affect Many CRE Landlords
May 01, 2024
Attacks on building systems could easily be deemed within the scope of the rule and real estate owners who lease to covered entities would likely have to quickly report cyber incidents within 72 hours and payments made after a ransomware attack within 24 hours.
Privacy Risk Management & Data Minimization
April 01, 2024
Many organizations — from growing start-ups to mature, well-established companies — are struggling with the new reality of what it means to manage data in an era of digital transformation, exponential data growth, and expanding regulatory regimes focusing on data management and minimization.
Digital Dibs: Rival Views of Generative AI Copyrights
April 01, 2024
GAI platforms like ChatGPT and OpenAI often require very little human input, shattering this legal landscape's framework by posing a simple question: Who authored the material? We'll explore how two countries are answering this question in different ways.
Empowering Legal Professionals: Navigating AI Solutions for Efficiency and Data Security
April 01, 2024
Integrating AI tools into legal practice without compromising the security of sensitive client information is a paramount concern. In this article, we'll examine how AI is revolutionizing certain aspects of legal work, while offering best practices for employing these technologies and providing guidance for legal professionals in selecting the right AI products and service providers.
Pitfalls In Personal Device Data Collection
April 01, 2024
The increasing frequency of "bring your own device" policies creates serious implications for subpoena recipients and litigants to ensure compliance with discovery demands. And courts across the country consider such personal mobile data fair game. To avoid pitfalls —and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.
Washington My Health My Data Act FAQs: Data Subject Rights
April 01, 2024
Like so many other features of the MHMDA, data subject rights are deceptively complicated and have the potential to create significant administrative hurdles to getting it right. In this article, we examine the tricky issues in our MHMDA FAQs and take a deep dive into data subject rights.
Programmers Liability for Alleged Rights Violations Caused By AI Software
April 01, 2024
AI is designed to accomplish goals specified by and receive directions from a human being. Thus, it has been suggested that either direct or vicarious liability may be applied to hold the human programmer who wrote the software algorithms liable for the damages caused by the AI agent.
"Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
April 01, 2024
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
