Glynna Christian

New Ruling on Punitive Damages and Attorney Fees in California Invasion of Privacy Act (CIPA) Case As Thompson Hine has previously reported, the recent surge of privacy claims under the California Invasion of Privacy Act (CIPA) related to using website cookies, pixels, and web beacons continues to impact a several sectors. It has been especially harmful to small businesses. On July 15, Judge Rolf Treu ruled on a preliminary motion in a CIPA lawsuit and concluded that the plaintiff could potentially recover punitive damages and attorney fees. Although this case does not address the merits of whether website tracking technologies are considered pen registers or trap and trace devices under CIPA, plaintiffs may rely on it to demand larger awards and settlements in their CIPA actions. Businesses that deploy these types of online tracking technologies should immediately reassess the legal terms governing the use of their websites and whether they contain favorable dispute resolution provisions, such as remedies available for claims arising from a consumer’s use of the website. View full update here ➡ https://bit.ly/3WjOO3x Steven Stransky I Jennifer Adler #DataPrivacy #PrivacyLaw #ThompsonHine #California

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Navigating the complex landscape of website and privacy litigation is more crucial than ever. Our latest article by Eva Yang and Jeffrey Margulies explores the surge in legal challenges surrounding tracking technologies like session replay, chatbots and tracking pixels. https://ow.ly/Vrui50SAwfs

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Reitler is uniquely situated as a law firm at the nexus between AI and IP, leaning on our experts in house for relevant ongoings in the industry. Partner Robert Clarida was recently quoted by Bloomberg in reference to the ongoing case against OpenAI for using a voice oddly similar to that of Scarlett Johansson. The booming tech company’s original intention was to use the voice of Scarlett Johansson as one of their voice assistants, with her permission, as the CEO Sam Altman loves the movie, “Her” and pitched the idea to the actress' team directly. After Johansson declined to take part, the voice subsequently released was eerily similar. 📰 “Tech companies have often played fast-and-loose legally in search of enormous early growth, claiming as they do that their innovations are developing too quickly for current rules and regulations to apply. But things are often clearer than they want to admit," Clarida says, in conversation with Joshua Brustein from Bloomberg, based on his expertise. Our interest is piqued, and we’ll continue to watch this case along with others intersecting AI and IP. Read more here: https://bloom.bg/3X192kC #Reitler #Bloomberg #AI #OpenAI #IntellectualProperty #IP

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Manage new AI risks by creating a comprehensive AI policy, as Ryan N. Phelan of Marshall, Gerstein & Borun LLP writes for Today's Managing Partner. Prevent IP risks and create a proactive plan to avoid them: https://bit.ly/3VFd15s #ip #intellectualproperty #ai #managingpartner

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Manage new AI risks by creating a comprehensive AI policy, as Ryan N. Phelan of Marshall, Gerstein & Borun LLP writes for Today's Managing Partner. Prevent IP risks and create a proactive plan to avoid them: https://bit.ly/3VFd15s #ip #intellectualproperty #ai #managingpartner

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Insightful AI Advisory by the USPTO Pinpoints Potential Pitfalls DC IP Lawyers explore the evolving landscape of artificial intelligence (AI) integration in intellectual property (IP) law, noting its growing prominence akin to the once-futuristic tools like spell check in word processing. AI’s application in IP law offers tangible benefits such as increased efficiency and reduced costs in patent drafting and prosecution before the U.S. Patent and Trademark Office (USPTO). While the USPTO acknowledges the positive impact of AI in legal practice, it also underscores potential challenges and cautions practitioners about associated risks. The USPTO’s proactive stance on AI innovation, in alignment with initiatives like the Council for Inclusive Innovation (CI2) and Empowering Women’s Entrepreneurship (WE), emphasizes the need for balanced regulation. A recent notice of rulemaking issued by the USPTO aims to mitigate risks and allay concerns surrounding AI utilization in legal proceedings. In its Practice Guidance, the USPTO clarifies the applicability of existing rules to AI tools, eschewing the need for separate AI-specific regulations. Notably, practitioners are not mandated to disclose the use of AI tools in submissions to the USPTO. However, they bear the responsibility to ensure the accuracy and veracity of AI-generated content, as human verification remains imperative. This includes adhering to signature requirements and upholding ethical standards in patent and trademark filings. AI-enabled solutions hold promise in streamlining various aspects of IP law practice, from prior art searches to document reviews. Nonetheless, human oversight is indispensable to validate AI outputs. The USPTO acknowledges its own utilization of AI tools by examiners, emphasizing the need for robust review mechanisms to prevent inaccuracies or omissions. The Practice Guidance delineates key areas where existing rules govern AI-related activities before the USPTO, emphasizing practitioners’ duty of candor, confidentiality, and competent representation. Failure to meet these standards may result in penalties, including the striking of submissions or disciplinary actions. The Guidance underscores the importance of practitioner diligence in reviewing AI-generated materials before submission, ensuring accuracy and compliance with patentability requirements. In cases where AI systems contribute substantially to patent claims, full disclosure to the USPTO is mandated to uphold integrity and transparency in the patent process. In conclusion, while AI presents transformative opportunities in IP law, it necessitates vigilant oversight and adherence to established regulatory frameworks. DC IP Lawyers advocate for responsible AI integration, emphasizing the paramount importance of human oversight in maintaining legal integrity and upholding patent standards.

Shareholders Jena Valdetero, co-chair of the U.S. Data Privacy & Cybersecurity Practice, and Steven Malina will present the CLE webinar, "Keeping up with the SEC: Unpacking the New Public Company Cybersecurity Rule and Enforcement," on May 21. 🛡️This program will provide an overview of the new rule governing public companies, with a specific focus on the requirement report material cybersecurity incidents within four business days, and a recent enforcement action putting chief information security officers directly in the SEC’s enforcement crosshairs. Attendees will leave with a practical understanding of what’s required to comply with the new rule and key takeaways for companies to consider for compliance. 💻Register: https://buff.ly/3QF1ZKa. #DataPrivacy #Cybersecurity #SecuritiesLitigation #GTChicago #CLE

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In a new Law360 article, #IP partner Ben Volk is quoted on new #USPTO guidance concerning #AI in legal practices. The guidance highlights the unchanged ethical standards in the AI era. While AI tools promise efficiency, attorneys must remain vigilant to ensure accuracy and uphold ethical considerations. The guidance is "a reminder not to go off and just have some generative AI tool be the one that's running the show," Volk said. "The attorney is still the one who's ultimately responsible for what gets submitted to the patent office." Read more here: https://bit.ly/3VZYHVB. #AIinlaw #AI #generativeai #artificialintelligence #IPlaw

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On June 5, Hartford Attorney Woo Sin Sean Park will serve on the panel for a live webinar, "Generative AI and Copyright Law: How to Set Up Corporate Frameworks," presented by the Intellectual Property Owners Association (IPO). The panel will discuss issues for in-house counsel to consider in guiding business teams interested in leveraging new generative AI tools. Read more here: https://hubs.ly/Q02yHnH_0. To learn more and register, please visit: https://hubs.ly/Q02yHhtc0. #CTAttorneys #IPAttorneys #IPLaw #IntellectualProperty #AI #GenAI

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What issues have arisen with the USPTO's DOCX filing requirement? Go in-depth with Julie Burke on the latest AccelPro IP Law interview, On USPTO DOCX Filing Requirements "The DOCX initiative is, from my point of view, quite problematic for patent practitioners. It seems to be a mechanism for the US Patent and Trademark Office and the patent examiners to more efficiently handle files, but it comes at great cost for document integrity and the integrity of the underlying documents of the patent applications." Listen (or read) now to learn the four types of errors and how to address them. https://lnkd.in/ghcQfGhR Interview by Neal Ungerleider #iplaw #uspto #patents

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Keller and Heckman Partner Peter Craddock will present at the 2024 Privacy Symposium, to be held in Venice, Italy on June 10 – 14, 2024. Peter will serve as a panelist on the “Privacy by Design Online Marketing” panel, which will explore the emerging innovative approach to marketing in the digital realm that utilizes the concept of privacy by design. For more information about the symposium, including how to register, please click the link below. #Privacy #DigitalMedia #DigitalMarketing

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🚨 Large Language Models in Action - Dr. Megan Ma discusses large language models and the role of #GenAI in the #Law. Read more > https://lnkd.in/ejzJYJ4m #Ediscovery #LegalTech #LLMs

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Join Partners David Sherman, CIPP/US and Nichole Sterling along with Counsel Eric B. Gyasi, CIPP/US July 16 for the fourth installment of the Privacy Strategist webinar series, "Demystifying Cybersecurity Concepts for Privacy Lawyers." This webinar will offer practical and timely insights to help privacy professionals identify and manage data security obligations and cybersecurity threats. #BHEvent #Cybersecurity #Data 

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Did you catch Alisa McLellan speaking at The Masters Conference Legal? Pro tip, don't just hand all your data over to a consultant and think you are done -- you still have the duty to supervise! #ediscovery #legaltech #ethics

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This Reuters' Practical Law The Journal article coauthored by Fried Frank partner Jason Greenberg highlights considerations for protecting data and data compilations as intellectual property assets. Given the increasing commercial value of data, the authors assert that counsel should understand the key considerations in data licensing, the treatment of original, derived and usage data, and the scope of license rights. Click the link below to read more. #IP #intellectualproperty #dataprivacy #copyright

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Last year saw an increase in lawsuits targeting website Tracking Technologies as a result of a broad interpretation of privacy laws, particularly the California Invasion of Privacy Act (CIPA). NGE Intellectual Property attorneys and Cybersecurity & Data Privacy team members Kate Campbell, Alfred Tam, David A. Wheeler, AIGP, and Josh Hanson highlight how these lawsuits often claim that using tracking tools such as pixel tags and session replay software constitutes unauthorized wiretapping or using a pen register under CIPA. The article also highlights that recent decisions have been inconsistent, with some courts broadening the scope of CIPA while others have pushed back, thus creating uncertainty for companies facing potential claims. Read the full alert here: https://lnkd.in/gAKVdmqE #TrackingTechnologies #CIPA

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How will large language models impact litigation workflows? Turns out the answer is nuanced. Founders James Lee and Thomas Suh spoke to Artificial Lawyer’s Richard Tromans https://lnkd.in/dgAcyeiw Litigators — what do you think the impact of #AI will be on disputes? Let us know in the comments. #lawyer #legaltech

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