On May 7, 2025, Utah became the first U.S. state to enact a law requiring app store providers and developers to verify users’ ages and obtain verifiable parental consent for minors to download apps or make in-app purchases. Senate Bill 142, the App Store Accountability Act (the “Act”), sets forth specific compliance obligations for both
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Oregon Supreme Court Expands Insurance Coverage for Construction Defects
When a contractor’s mistake causes damage, will insurance cover the loss—even if the claim is framed as a breach of contract? In Twigg v. Admiral Insurance Co., the Oregon Supreme Court says yes, delivering a major win for policyholders and shifting how “accidents” are interpreted under Commercial General Liability (CGL) policies.
The case stemmed from…
AI Is Changing the Risk Landscape—Is Your Insurance Keeping Up?
As businesses race to adopt Artificial Intelligence, the insurance industry is navigating a fast-evolving and complex web of risks. From bodily injury to securities fraud, AI is triggering claims that span nearly every corner of liability coverage. In this post, insurance litigator Seth explores the fast-moving intersection of AI and insurance—and why companies need to…
AI Contracting: The Next Frontier
In the beginning of March, I gave a presentation on AI legal developments. One of the attendees astutely pointed out that the current legal framework seems to focus on B2C use cases. I agreed. The focus is consumer protection. About 10 days later, I spoke at an AI contracting livestreaming event. Preparing for it gave…
The 24-Hour AI News Cycle: Keeping Up with Legal and Regulatory Developments
AI is evolving at a breakneck pace, making it increasingly difficult for businesses and legal professionals to track critical developments. Whether you’re an AI model developer, deployer, investor, or infrastructure provider, staying informed on AI’s risks and benefits requires a strategic approach. This article explores key AI regulatory trends and offers a framework for organizations…
Navigating Data Broker Privacy Compliance: Top 5 Considerations
Data brokers face significant compliance challenges in the evolving landscape of data privacy laws. With multiple state regulations, stringent registration requirements, and heightened enforcement, data brokers must take proactive steps to mitigate risk. Here are five key compliance takeaways:
- Broad Definition of Data Brokers – Many businesses may unknowingly qualify as data brokers under laws
…
A Deeper Dive into the Proposed Modifications to the HIPAA Security Rule
In our earlier post, we wrote:
“Through December 20, 2024, 575 security incidents involving unsecured protected health information affecting 500 or more individuals had been reported to Health and Human Services. Through the same date in 2023, 265 incidents had been reported. On December 27, 2024, the Office of Civil Rights at HHS issued…
Data Privacy and Cybersecurity Look Ahead: First Half of 2025
Privacy and cybersecurity are incredibly dynamic, and in 2025 we have committed ourselves to a look ahead post every six months, with the next one in July 2025. The new Congress convened on January 3, 2025, and a new administration starts on January 20. Most state legislatures reconvene in early-to-mid January. If you track privacy…
Filling the Void: 2024 State Privacy Legislation
The prospects for and the effect of a comprehensive federal data privacy act remain uncertain. There are no indications that any comprehensive federal data privacy act will be considered by Congress this year, and questions and debates remain around whether federal privacy law will preempt state legislation or whether it will function as a minimum…
Navigating Workplace AI Regulations: Labor and Employment Law in the Age of Algorithmic Accountability
Artificial Intelligence (AI) tools are becoming commonplace in workplace. According to Equal Employment Opportunity Commission (EEOC) Chair Charlotte Burrows, “as many as 83 percent of employers and up to 99 percent of Fortune 500 companies now use some form of automated tool to screen or rank candidates for hire.”
Just as the use of AI…