Expert Analysis

• Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

  

  The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

• Tornado Cash Saga Presents Thorny Issues For Fintechs

  

  A recent Texas federal court ruling and a U.S. Department of Justice indictment concerning the cryptocurrency mixer service Tornado Cash raise novel and important issues regarding smart contracts that could complicate the development and nature of decentralized crypto projects, as well as the future of fintech business models, say attorneys at Venable.

• A Breakdown Of The New Florida Digital Privacy Law

  

  The recently signed Florida Digital Bill of Rights has higher jurisdictional thresholds than other state data privacy laws, and incorporates unique provisions that expand opt-out rights, protect children online and prohibit government officials from moderating content, say attorneys at White & Case.

• Why There's No End In Sight For BIPA Litigation

  

  As the law governing the Biometric Information Privacy Act remains underdeveloped, courts have struggled with applying BIPA consistently, and have suggested the Illinois Legislature must make the effort to provide guidance, though there seems to be no appetite to do so from the state body, say Joseph Kish and Erica Bury at Segal McCambridge.

• 4 Ways To Approach The Nuances Of AI Vendor Contracts

  

  There is no immediate road map for negotiating contracts presented by artificial intelligence and machine learning vendors, but a phased approach can be used to direct a customer's diligence and to better assess whether additional contractual terms should be included in these agreements, say Reeya Thakrar and Ira Kalina at Faegre Drinker.

• What Large Language Models Mean For Document Review

  

  Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

• What Could Come Of CFPB, EU Consumer Finance Collab

  

  A recent joint statement from the European Commission and Consumer Financial Protection Bureau focused on how technology is affecting consumers of financial services, potentially recognizing that legal protections are lacking because tech regulations lag behind its development, say attorneys at DLA Piper.

• Tips For Camp Lejeune Attorneys To Mitigate TCPA Suit Risks

  

  To retain and assist Camp Lejeune clients, it is vital to understand best practices to avoid violating the Telephone Consumer Protection Act, which has been at the center of recent lawsuits against attorneys seeking to reach veterans and their families affected by the toxic water exposure at the Marine Corps base, says Libby Vish at SimplyConvert.

• Participating In Living History Makes Me A Better Lawyer

  

  My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

• Opinion

  Private Equity Owners Can Remedy Law Firms' Agency Issues

  

  Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

• Cos. Must Overhaul Data Privacy Approach To Avoid Lawsuits

  

  With the proliferation of third-party trackers and the increasing complexity of privacy laws, companies need to significantly change their approach to online privacy to avoid litigation by focusing on responsible data collection practices and ongoing monitoring of ad tech tools, says Ian Cohen at LOKKER.

• Understanding EU's AI Act And Its Enforcement Mechanisms

  

  Companies wishing to use or market AI technology in the EU will need to become familiar with the risk-based regulatory framework and strict enforcement mechanisms of the draft EU Artificial Intelligence Act, which may be effective as early as next year, say Matthew Justus at AT&T and Wade Barron at Kilpatrick Townsend.

• What Cos. Must Know About New Ore. Consumer Privacy Law

  

  Oregon was recently the 12th state to enact a comprehensive consumer data privacy law, but its one-year effective date delay is only applicable to certain nonprofits — so entities in the state should review their data inventory, collection and sharing practices to comply by July 1, 2024, say Neeka Hodaie and Lisa Schaures at Seyfarth.

• Beware The Legal Risks Of Using AI In Software Development

  

  Software companies are among the most motivated and excited by trained generative artificial intelligence engines, but the output of code writing assistants can include code, comments or other content that infringes copyright or runs afoul of a use restriction associated with its original source location, say Andrew Freyer and Palash Basu at Brownstein Hyatt.

• How To Protect Atty-Client Privilege While Using Generative AI

  

  When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.