Robert Martin

In this week’s compliance update, we’re diving into California’s two-pronged approach to regulate artificial intelligence (AI) in employment and other sectors. The California Civil Rights Council recently held a public hearing on proposed amendments to the Fair Employment and Housing Act (FEHA) to address discrimination from automated decision systems. These rules broadly define automated decision systems and require employers to prevent adverse impacts and bias. Testimony at the hearing urged the Council to refine definitions and scope, especially concerning employment agencies, the concept of screening (currently undefined), and simple automation driving processes, not decisions. California lawmakers are also considering AB 2930, which targets "algorithmic discrimination" across industries like employment, education, and healthcare. This bill mandates annual impact assessments, notification requirements, governance programs, and policy disclosures for employers using AI. Who will cross the finish line first in the race to regulate AI? Check out my Forbes piece, where I cover both measures and their impacts on employers: https://lnkd.in/gVTw_-c8 Thanks for reading and stay tuned for more background screening news! #ComplianceUpdate #AIRegulation #EmploymentLaw #CaliforniaLegislation #BackgroundScreening #AIInEmployment

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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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I’m joining a great panel this Weds to talk about how AI has impacted IP, and what it means for companies looking to innovate. Hope you can join us for a great conversation!

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I appreciate the #OregonAG office providing some more guidance ahead of July 1 effective date of the #OCPA. Note: The requirement to provide a list of specific 3rd parties to which the business has disclosed their personal data is only in response to request. The list is not required to be included in a public privacy notice/policy. This clarifies somewhat conflicting statutory language in the Notice requirements in §5(4)(e) of the OCPA. The AG's #FAQ: What level of detail is required in a privacy notice? What information must be included regarding personal data shared with third parties? Privacy notices should be written in clear, straightforward language geared towards consumers. ORS 646A.578(4) describes all topics that should be contained in a controller’s privacy notice. If a controller shares personal data with third parties, the privacy notice must list all categories of personal data, including the categories of sensitive data, that are shared. The law also requires that the privacy notice state the categories of third parties data is shared with. There should be enough detail to give consumers a meaningful understanding of the types of businesses, or processing expected, but not so much as to render the privacy notice unclear/unreadable. For example, categories of Third Parties described in a sufficiently granular level of detail include, but are not limited to: “analytics companies,” “data brokers,” “third-party advertisers,” “payment processors,” “lenders,” “other merchants,” and “government agencies.” Link to FAQs: https://lnkd.in/e8TgXhCN #OCPA #Privacy #ComprehensiveStatePrivacyLaw #PrivacyCompliance #PrivacyNotice #PrivacyProgram SafeGuard Privacy Wayne Matus Michael Simon, CIPP-US/E, CIPM Susan Myers Richy Glassberg Cem Gokhan Matt Anderson Rachel Walkden Daniel Cox Jason Heki ☁️ Marc Goldberg

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Lighthouse Legal Search Bay Area & California Quarterly Report - July 2024 Based on our data, in this latest quarter, of all lateral partner moves to major law firms in the Bay Area, 25% were in Litigation, 20% in Corporate, 15% in Intellectual Property, 10% in Labor & Employment, and 5% in Health Care. The top firms adding the most partners this quarter were Gordon & Rees LLP, Sideman & Bancroft, LLP, and WilmerHale. Litigation remains the largest growth practice area, reflecting ongoing high demand, while Corporate and Intellectual Property practices continue to expand due to increased activity in mergers and acquisitions, venture capital, and technology transactions. By Contrast: California as a Whole In California as a whole, the breakdown of lateral partner moves is as follows: 23% in Litigation, 12% in Labor & Employment, 9% in Corporate, 8% in Intellectual Property, and 3% in Banking. This broader state-wide trend shows a higher concentration in Litigation and Labor & Employment compared to the Bay Area, while Corporate and Intellectual Property moves are slightly less prominent. This indicates a robust demand for litigation expertise across the state and a significant focus on employment-related legal services. Firms experiencing the most growth in partner additions statewide this quarter are Lewis Brisbois Bisgaard & Smith LLP, Ogletree Deakins, and Greenberg Traurig LLP. #LegalIndustry #LateralMoves #LawFirmGrowth #BayAreaLaw #CaliforniaLaw #Litigation #CorporateLaw #IntellectualProperty #LaborAndEmployment #HealthCareLaw #PartnerAdditions #LegalRecruitment #LawFirmTrends #LighthouseLegalSearch

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Is generative AI doomed? I attended a discussion led by Professor Eric Goldman, Director of the High Tech Law Institute at Santa Clara University.  Eric is also a former Cooley Associate in Tech Transactions. Eric gave us his take on the similarities and differences between how the Internet and Generative AI were received.  He believes that we are at the beginning of a “regulatory tsunami” to put governance around AI. His belief is that AI may displace workers and will have emotional and business consequences at levels never before seen.  On the other hand, he believes that AI creates new opportunities for creativity and opens opportunities to a broader scope of users. Eric listed that in the 1st 38 days of 2024, over 400 bills for AI regulation were submitted.  By contrast, when the internet was starting out, there were little to no regulations submitted.  This is a huge dichotomy where regulators are intervening and hitting hard early in the life cycle of AI.  It will not enjoy the same “honeymoon” period that the internet got. Eric called out 3 types of regulations: 1 - the “stupid” regulation.  Where people are throwing out regulations without understanding the product, or the potential ramifications if passed 2 - the “sensorial” regulation - regulating AI outputs based on how they make people feel.  Regulating sensorial AI involves addressing ethical and regulatory considerations related to privacy, data security, bias mitigation, and societal impact 3 - the “partisan” regulation - this one is used to advance partisan agendas and used to try and block or advance the regulation based solely on one's political position How do you see the future of generative AI?  Doomed or the sky's the limit?

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Legal ops are on the rise as more general counsel are delegating operational decisions to these professionals to cope with increased workloads and budget constraints, according to a survey by FTI Consulting and Relativity. #Legaltech #eDiscovery #GeneralCounsel

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📢 [BLOG] The California Attorney General has enacted two major California Consumer Privacy Act (CCPA) enforcement actions so far, respectively against Sephora and DoorDash. A few takeaways can be made by comparing the two cases. Read all about it. https://bit.ly/4cUEFSc #privacy #blog #CCPA #privacypros

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𝗚𝗠𝗦𝗥'𝘀 𝗖𝗶𝗻𝗱𝘆 𝗧𝗼𝗯𝗶𝘀𝗺𝗮𝗻 𝗔𝗽𝗽𝗲𝗮𝗿𝘀 𝗕𝗲𝗳𝗼𝗿𝗲 𝗧𝗵𝗲 𝗖𝗮𝗹𝗶𝗳𝗼𝗿𝗻𝗶𝗮 𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁 GMSR co-managing partner Cindy Tobisman appeared yesterday before the California Supreme Court to argue for the petitioner, Michael Rattagan, in a case against Uber Technologies, Inc.  The Ninth Circuit Court of Appeals had asked the Court to decide whether, under California law, claims for fraudulent concealment are exempt from the economic loss rule. In the underlying case, Rattagan alleged that Uber fraudulently concealed information from him when he represented its subsidiaries during a problem-filled launch in Buenos Aires, Argentina, and that the concealed information led to him being arrested and vilified in the media.  The district court held that Rattagan's fraudulent concealment claims were foreclosed by the economic loss rule—a doctrine that prevents a party to a contract from recovering economic damages under tort liability theories—and thus, dismissed his complaint.  The Ninth Circuit Court of Appeals recognized that there is no controlling California precedent addressing whether fraudulent concealment claims are exempt from the economic loss rule, and the answer would be dispositive in the case, so it certified the question to the California Supreme Court. Law360 wrote about the oral argument, providing some highlights:  "There's nothing about [the doctrine] that we would want to shield people who commit fraud just because there’s a contract in the mix," Tobisman said.  "And in fact it would create some kind of perverse incentives for people to draw somebody into a contractual relationship because then they could have their way with them." The high court's decision is expected within the next 90 days. Click here to learn more: Clough, 𝘈𝘵𝘵𝘺'𝘴 𝘈𝘳𝘨𝘦𝘯𝘵𝘪𝘯𝘦 𝘜𝘣𝘦𝘳 𝘋𝘦𝘣𝘶𝘵 𝘍𝘪𝘨𝘩𝘵 𝘓𝘢𝘯𝘥𝘴 𝘈𝘵 𝘊𝘢𝘭𝘪𝘧. 𝘏𝘪𝘨𝘩 𝘊𝘰𝘶𝘳𝘵, Law360 (June 4, 2024), https://lnkd.in/gPFm75CJ (subscription required). #SupremeCourt

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Struggling to keep your files and documents organized? 🗃️ Start with standardizing your file naming conventions. ☑️👍 Trust us, agreeing on a firm-wide standard for naming your documents goes a long way to eliminate the frantic searches and wasted time searching for files. 🔍📄 Learn how: https://https://lnkd.in/gwNnvhP7 #filevine #legaltech #lawfirm #legaltips #lawfirmsuccess

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⚠Don't miss the "Bay Area Legal Hackers Happy Hour," where legal pros and tech enthusiasts delve into law and generative AI. This informal event encourages networking, sharing AI prompts, and discussing AI's practical legal applications. Enjoy creative discussions and lightning round flash talks in a rotating Bay Area venue, fostering legal tech innovation. Check out more in this post by Dazza Greenwood to learn more. 🔔Follow our page Start With WCPGW for updates! #LegalTech #AIinLaw #startwithwcpgw #wcpgw #infosec #security #hardwaresecurity #semiconductor #chip #dataprotection |

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From primary law resources to authoritative treatises and jury instructions, you’ll find the leading authorities on California federal and state law at LexisNexis. These are the resources you can turn to again and again for thorough, up-to-date legal resources in California. Learn more at LexisNexis.com/California. #CaliforniaLaw #CaliforniaLawyer #LawBooks #LexisNexis

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From primary law resources to authoritative treatises and jury instructions, you’ll find the leading authorities on California federal and state law at LexisNexis. These are the resources you can turn to again and again for thorough, up-to-date legal resources in California. Learn more at LexisNexis.com/California. #CaliforniaLaw #CaliforniaLawyer #LawBooks #LexisNexis

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Explore how social media can influence divorce proceedings in our latest video. Learn the dos and don'ts of online behavior and see real examples of how digital posts impact legal decisions in California. Watch now for invaluable insights! 🎦 👀 📞💬 Need guidance for your family law issue? Reach out to us at 323-609-8992 or send a direct message to schedule a free consultation! You don't have to go through this alone. #MCB #MCBLaw #MeshiChitritBermanLaw #FamilyLawLawyer #FamilyLawyer #FamilyLaw #FreeConsultation #CaliforniaLawyer #SanFernandoValley #SanFernandoValleyLawyer #LosAngeles #losangeleslawyer #DivorceLawyers #PersonalizedLegalRepresentation #EmpathyTrustProfessionalism #SoleAttorney #FightForYourRights #CompassionateGuidance #CaliforniaLegal #LegalAdvocacy #Divorce #Annulment #PrenuptialAgreements #PostnuptialAgreements #SpousalSupport #Alimony #DomesticViolence #ChildCustody #Visitation #ChildSupport

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We're back this week with another state privacy laws update, after Minnesota's governor signed the Minnesota Consumer Data Privacy Act, becoming the 18th state to enact comprehensive consumer data privacy legislation. Find out more about the MCDPA in today's blog! #LawOfMotion #DataPrivacy

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