Leigh Parsons Freund

I'm looking forward to discussing the changing legal and technological landscape of privacy with Pinar Yildirim's Marketing Strategy course for The Wharton School on August 10th. The rate of change in the ad tech space is accelerating, creating risks and opportunities for brands. Prescient leaders who anticipate and embrace these changes stand to realize outsized benefits as those who fail to adapt are left behind.

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Join us as we discuss AI Strategies, Data Privacy and emerging trends in AI implementation

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🌟 JUST PUBLISHED 🌟 - A treasure trove of insight on FTC enforcement trends: https://lnkd.in/eD6cNAnq. FTC enforcement actions have long-been recognized as a common law of privacy. IAPP Westin Fellow Andrew Folks & former fellow Amy Olivero (now at WilmerHale) outdid themselves with this latest resource, analyzing FTC cases from 2018 to 2024. Find clear & concise guidance on FTC expectations & best practices drawn from their cases for: - Children's privacy - Health privacy - Individual privacy, financial privacy & consumer reporting - Data security practices & breach response - Service provider & third-party access - Employee data & management - AI governance ✨ PLUS: - Links to all cases analyzed - Case studies - Previous editions analyzing FTC enforcement since 2002 - Other IAPP analysis of FTC settlements, rulemaking & proceedings & More Huge thanks to the IAPP Research & Insights & Publications Teams for this incredible resource. Joe Jones, Müge Fazlioglu, Ph.D., Lynsey Burke, John Choudhari, Shannon Magrane, Josh Edgerly, Jedidiah Bracy, Cobun Zweifel-Keegan, J.D., CIPP/US, CIPM #privacy #AIgovernance #dataprotection #privacypros

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Appearing on the eve of the total solar eclipse, the draft text for an American Privacy Rights Act (#APRA) has prompted almost as much discussion among privacy pros as the eclipse event generated in the media. In just over a week, there have been dozens of blogs and webinars delving into the proposed law's definitions and data minimization, transparency, preemption, and enforcement provisions. But there hasn't been much analysis of the APRA's proposed co-regulatory compliance mechanism. So, in addition to summarizing the law, I took a close look at the "compliance codes" section. I compared it with other privacy compliance and certification models under COPPA, the GDPR (EU and UK), and Congress' last attempt at comprehensive federal privacy legislation, the American Data Privacy and Protection Act. Although the APRA's prospects for passage are still uncertain, from ESRB Privacy Certified's perspective, it's clear that "regulated, self-regulatory" compliance mechanisms should be part of any modern comprehensive federal privacy law. #APRA, #COPPA #privacycompliance

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📚 Read ALM—LegalTech's latest article, "What Have We Learned From 20 AI Copyright Lawsuits?" featuring Director Ivy Clarice Estoesta, who discusses the increase in copyright infringement lawsuits that AI companies now face. https://lnkd.in/eeW_ajfs Ivy noted, "A lot of the other allegations that we've seen is that they say in addition to the AI using the copyrighted works for training, it could potentially reproduce the copyrighted work if you ask them to do something like in the style of [an artist]." #AI #CopyrightInfringement

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ICYMI: On the Docket, Brian Kolenda and Jim Lepore discuss the legal implications of #AI-generated content, which simultaneously engages multiple aspects of the law, from intellectual property to privacy. – ow.ly/B08u50RUgmH

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📰 ⚖️ In a landmark move, the U.S. Department of Justice (DOJ), alongside 29 states and the District of Columbia, has launched an antitrust lawsuit against Live Nation Entertainment and Ticketmaster, accusing them of monopolistic practices in the live entertainment industry. This lawsuit underscores a significant effort by the Biden administration to curb anti-competitive behavior, similar to actions taken against tech giants like Google and Apple. The implications of this legal battle could be transformative for the industry, potentially reshaping how tickets are sold and fostering a more competitive market. This case is pivotal for cybersecurity, information governance, and eDiscovery professionals who are closely monitoring the intersection of antitrust laws and digital marketplaces. 🔗🔍 Read the complete article from Complex Discovery OÜ's antitrust beat at https://buff.ly/3WPCOsq. #Antitrust #Business #Investigations

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🎤 The USPTO recently published a request for comment on how AI impacts prior art, obviousness, and patentability. Advancements in AI have the potential to transform the landscape for innovation and present novel challenges and opportunities for IP policy. Comments will help the USPTO decide whether these issues require guidance. Director Todd Hopfinger spoke with Managing IP and noted, "A lot of people are raising concerns about the value of patent portfolios because of AI-generated prior art...This has been a huge disruptor, so clients are grappling with some of these issues. Many clients are interested in doing more prior art searches up front." Read more: https://lnkd.in/eKr45prw #USPTO #ArtificialIntelligence #AI #PatentLaw

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As rapidly evolving #AI capabilities collide with the ongoing 2024 elections, federal and state policymakers increasingly are taking steps to protect the public from the threat of deceptive AI-generated political content. Read some key examples. https://okt.to/vFGSgW #Deepfakes

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Join Director Lestin Kenton at The AI Strategy Summit: IP, Data and Compliance, hosted by CenterForce USA on May 22, 2024, in Palo Alto, CA. Lestin is a speaker on the "Navigating Intellectual Property Challenges in AI-Driven Innovations" panel. Register here: https://lnkd.in/e4KM3F2E The panel will discuss: 1️⃣ AI as Inventor: Legal Implications and Future Directions 2️⃣ Ownership and Licensing Strategies for AI-Generated IP 3️⃣ Harmonizing Global IP Laws for AI Innovations Don't miss out on this insightful discussion! #AI #IntellectualProperty

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Join Director Lestin Kenton at The AI Strategy Summit: IP, Data and Compliance, hosted by CenterForce USA on May 22, 2024, in Palo Alto, CA. Lestin is a speaker on the "Navigating Intellectual Property Challenges in AI-Driven Innovations" panel. Register here: https://lnkd.in/egzGnqHX The panel will discuss: 1️⃣ AI as Inventor: Legal Implications and Future Directions 2️⃣ Ownership and Licensing Strategies for AI-Generated IP 3️⃣ Harmonizing Global IP Laws for AI Innovations Don't miss out on this insightful discussion! #AI #IntellectualProperty

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🔔 Upcoming issue in ad tech to watch: Yesterday, the California Children's Data Privacy Act passed the assembly in California. ◼ This bill seeks to prohibit businesses from sharing for cross context behavioral advertising data of anyone under the age of 18 without consent. ◼ Would require the California Privacy Protection Agency to: 1. adopt regulations to establish technical specifications for an opt-out preference signal that allows the consumer, or the consumer's parent or guardian, to specify that the consumer is a child; and 2. adopt regulations regarding age verification.

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The NPRM's new proposed fees for terminal disclaimers and continuations put some beef behind Cellect by increasing the costs and risks of not preemptively disclaiming. The fact that not disclaiming prior to receiving the first OA on the merits is almost 3 times the current fee means that they expect applicant to disclaim despite not having received a double patenting rejection. Going forward, it's definitely an added incentive to present families of claims separately in different applications upon filing. Now it's time for a shameless plug. Watch our video on terminal disclaimer practice in the post-Cellect world:

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Our latest Public Company Watch newsletter!

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Our Technology, Data and IP team was out in full force for the AI Strategy Summit: IP, Data and Compliance, where Partner Jessica Lipson, Esq., CIPP US spoke on a panel about the future of data privacy in an AI-driven world. Jessica shared a key takeaway from the event: As privacy laws continue to change and new laws come into force across the globe, it is strongly advisable for businesses – particularly those deploying and developing generative AI tools – to implement proper controls, including: ✔ Select, train and adequately supervise personnel ✔ Develop good policies that make sense for your business ✔ Communicate effectively with all stakeholders ✔ Understand and effectively manage your data #Technology #IntellectualProperty #DataPrivacy #ArtificialIntelligence #Leadership

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Join me tomorrow at the Rocky Mountain IP & Technology Institute for my presentation on the year in review in Internet and AI law and data privacy, AdTech and cybersecurity breach class action litigation.

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