The future of privacy rights in the United States of America is uncertain. Many states have passed a patchwork of privacy laws, but there is no federal law that protects the privacy rights of U.S. residents. In 2022, instead of strengthening privacy rights on the federal level, the focus has been on weakening privacy rights….
As anticipated, TikTok and ByteDance have initiated legal action against the U.S. government, challenging a recently enacted law that would ban TikTok unless ByteDance sells the company off in the next nine months to an entity not controlled by a foreign adversary. Petitioners argue that the law infringes on constitutional rights in several ways: the…
Read More “A full rundown of the Constitutional issues – Attorney Evan Brown” »
As we recently reported, in its Final Rule banning most worker non-competes, the Federal Trade Commission (“FTC”) previously warned of its intent to vigorously enforce its non-compete ban wherever possible, which may include self-styled nonprofit and not-for-profit entities. This warning threw most hospital systems in America, which are non-profit, into the chaos of unsettled expectations…
This case involves Eddy Grant’s classic 1980s song “Electric Avenue.” The court describes Trump’s reuse of the song: On August 12, 2020, Daniel Scavino, Director of Social Media and Deputy Chief of Staff for Communications of the Executive Office of the President, published a tweet to former President Trump’s Twitter account containing a 55-second video…
Read More “Trump’s Tweet Infringed the Song “Electric Avenue”-Grant v. Trump” »
On September 17, 2024, Governor Gavin Newsom signed AB 2602 into California law (to be codified at Cal. Lab. Code §927). The law addresses the use of “digital replicas” of performers. As defined in the law, a digital replica is: a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual…
Read More “California Enacts Generative AI Law Addressing “Digital Replicas” of Performers” »
On July 2, 2024, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced a settlement with Heritage Valley Health System (Heritage Valley), a healthcare provider operating in Pennsylvania, Ohio, and West Virginia. This is the OCR’s third ransomware settlement and is based on allegations of potential violations of the Health…
“There is no such thing as ‘secure’ when it comes to cybersecurity.” “The odds in cybersecurity are impossible — those defending have to get it right 100% of the time and those attacking only need one lucky shot.” These are a few of the sayings that I have used throughout the years when trying to…
High-profile data breaches have become common in the headlines, but it’s not just big businesses that are the targets of hackers. According to the 2018 Hiscox Small Business Cyber Risk Report, 47% of small businesses had at least one cyber attack in the past year. Yet, barely 52% of small businesses have a clearly defined…
Read More “Free Cybersecurity Toolkit For Small Businesses – LegalTXTS – A Luminate Law Blog” »
As artificial intelligence (AI) technology becomes increasingly integral to various industries, companies face a growing number of legal obligations at the state, federal, and international levels. These obligations address a range of issues, from data privacy and bias to intellectual property and transparency. This article explores the key legal frameworks that govern the use of…
A dispute between a digital artist and his former employer over content rights resulted in a court allowing the employee’s DMCA claim while striking the employee’s state law claims. For over five years, plaintiff worked for defendant, crafting digital street scenes of San Francisco to train the company’s self-driving vehicles. But plaintiff’s passion for digital…
