Insights on Privacy, Data Protection & Data Security

Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and unknown legal risks.

The Federal Trade Commission (FTC) is more active in privacy and data security enforcement actions now than at any time in recent memory.

On July 13, 2023, The Washington Post broke the news that the Federal Trade Commission (FTC) had issued a Civil Investigative Demand (CID) — a sort of a pre-litigation subpoena as part of what is supposed to be a nonpublic investigation — to OpenAI, LLC, the maker of ChatGPT and DALL-E.

In a putative class action filed on June 28, 2023, in the Northern District of California, and in other similar cases, plaintiffs allege that OpenAI, Microsoft, and their respective affiliates violated the privacy rights of millions of internet users through large-scale data scraping.

In the closely-watched first case to go to trial under the Illinois Biometric Information Privacy Act (BIPA), a federal judge has now vacated a $228 million award of statutory liquidated damages. The judge concluded that damages under BIPA are discretionary and ordered a new trial on damages.

Companies around the world are rushing to integrate generative artificial intelligence (GenAI) into their user interfaces to automate and deliver tailored website and application interfaces, customer service interactions, and advertising content to individual users in more personalized ways than eve

Partner D. Reed Freeman was quoted on the Federal Trade Commission’s (FTC) expanding enforcement of the Health Breach Notification Rule, which governs how health apps and similar technologies use and share consumers’ health information.

In the United States, the principle of data minimization is embedded firmly within the Federal Trade Commission (FTC) Act, through FTC enforcement activities, and in the host of state-level privacy laws and rules that have proliferated in recent years.

Data protection assessments are required for high-risk processing activities in a rapidly growing set of federal, state, and international comprehensive privacy laws.

Pixels are the new cookies. Here we go again. The Federal Trade Commission is continuing its assault on trackers with its latest enforcement actions against GoodRx Inc. and BetterHelp Inc.

Partner Reed Freeman Jr. and Associate Michelle Bowling speak on a panel at the Privacy and Security Academy’s Spring Academy Forum.

Join ArentFox Schiff Partner Reed Freeman and Associate Michelle Bowling for a hot topic discussion on new privacy laws for 2023.

Headlines that Matter for Privacy and Data Security.

A split Illinois Supreme Court issued on Friday another long-awaited decision interpreting the Illinois Biometric Information Privacy Act (BIPA), holding that a separate BIPA violation occurs with each undisclosed and unconsented-to scan or transmission of an individual’s biometric identifier.

ArentFox Schiff is pleased to announce that five practice areas and 11 attorneys were recognized by Chambers Global 2023.

In recent months, there has been a surge of class actions brought under the Illinois Biometric Information Privacy Act (BIPA) against retailers using virtual “try-on” features on their websites.

In a long-awaited development, on February 2, 2023, the Illinois Supreme Court held that all claims under the Illinois Biometric Information Privacy Act (BIPA) are subject to a five-year statute of limitations. 

The newest old privacy law being weaponized in consumer class actions is the Video Privacy Protection Act (VPPA), a Reagan- era law passed in the wake of Judge Robert Bork’s video rental history being leaked to the press.  

Five new state omnibus privacy laws take effect in 2023, with two that already kicked in on January 1.

Partner D. Reed Freeman was quoted on how the Federal Trade Commission (FTC) could alter the privacy and data security landscape in 2023.

Headlines that Matter for Privacy and Data Security.

ArentFox Schiff is pleased to announce that Partner Matthew Prewitt, co-leader of the firm’s Trade Secrets, Non-Competes & Employee Mobility and Privacy, Cybersecurity, and Data Protection practices, has been named among Crain’s Chicago Business’ Notable Gen X Leaders in Law for 2022.

Headlines that Matter for Privacy and Data Security.

Illinois Biometric Information Privacy Act (BIPA) class action lawsuits were heavily litigated again in 2022, as plaintiffs continued to target companies using biometric technology and their vendors. At the same time, avoiding liability continued to be a challenge for businesses defending BIPA cases

Headlines that Matter for Privacy and Data Security.