Expert Analysis

• Data Furnishers Should Watch CFPB Plans For Class Actions

  

  Companies should follow the Consumer Financial Protection Bureau’s rulemaking process as it considers allowing class actions against data brokers that provide incorrect consumer information to credit reporting agencies, a move that could rewrite the legal risks of participating in the consumer reporting ecosystem, say attorneys at Troutman Pepper.

• Calif. Delete Act Paves Way For Data Broker Accountability

  

  California's recent enactment of a law that will allow state residents to delete personal information held by some 500 data brokers shows there is renewed focus on holding an extremely lucrative but underregulated industry accountable — but doing so may require both legislation and litigation, says Karina Puttieva at Cohen Milstein.

• TikTok Fine Highlights EU Approach To Children's Data Rights

  

  Following the Irish Data Protection Commission's recent fine against TikTok for breaching children's data protection rights, organizations should adopt a proactive approach and implement measures aiding compliance with the General Data Protection Regulation, says Carla Murray at Myerson.

• Workplace Tips For Avoiding Headline-Making AI Blunders

  

  Recent news stories highlighting the challenges of unchecked generative artificial intelligence use in the workplace provide lessons on minimizing the risks surrounding confidentiality, bias and hallucinations, say Megan Silverman and Vivek Khanwalkar at QuisLex.

• How And Why Your Firm Should Implement Fixed-Fee Billing

  

  Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

• Issues Arise As Cos. Shift From Class Actions To Arbitration

  

  As corporations like Epson and Samsung move from class action to arbitration, challenges such as a lack of transparency and delay tactics have emerged, leaving a pressing need for legislative reform to ensure accountability and to uphold the rights of consumers and employees, says former Maine Attorney General Andrew Ketterer.

• Series

  Ill. Banking Brief: All The Notable Compliance Updates In Q3

  

  The third quarter of 2023 saw Illinois lawmakers and the state Department of Financial and Professional Regulation focus their attention on expanding access to financial institutions' services and resources, including with increased eligibility for credit union membership and a new data collection regime for licensees, say Mark Svalina and James Morrissey at Vedder Price.

• Why Standing Analysis Is Key In Data Breach Mediation

  

  Amid a growing wave of data breach class action litigation, recent legal developments show shifting criteria for Article III standing based on an increased risk of future identity theft, meaning parties must integrate assessments of standing into mediation discussions to substantiate their settlement demands in data breach class actions, says Abe Melamed at Signature Resolution.

• Opinion

  Judicial Independence Needs Defense Amid Political Threats

  

  Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

• How Law Firms Can Use Account-Based Marketing Strategies

  

  Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

• While Risks Exist, AI Could Transform IRS Enforcement

  

  The Internal Revenue Service's recently announced use of artificial intelligence could revolutionize the agency's enforcement efforts, and transparency about its use and a forum for challenging AI findings could help mitigate fears that the technology will increase bias, say attorneys at Lewis Brisbois.

• Strategic Succession Planning At Law Firms Is Crucial

  

  Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

• 3 Items To Check When Evaluating AI Terms And Conditions

  

  When determining which generative artificial intelligence tool is right for a particular user, there are a few considerations that can provide prospective customers with a starting place and help them spot terms and conditions that are more or less aggressive than the market standard, says Peter Cramer at Proskauer.

• Ruling Shows Barriers Remain For Kids' Privacy Regulation

  

  A California federal court’s recent decision halting state officials from enforcing the California Age-Appropriate Design Code Act demonstrates that major roadblocks continue to obstruct regulation intended to make browsing more appropriate for children, say attorneys at Goodwin.

• Autonomous Vehicles Must Navigate Patchwork Of State Regs

  

  With only modest action by the federal government on the autonomous vehicle regulatory front in 2023, states and localities remain the predominant source of new regulations affecting AVs — but the result is a mix of rules that both help and hinder AV development and adoption, say attorneys at Faegre Drinker.