As we discussed in Part 1 of this post, the California Privacy Protection Agency (CPPA) has approved significant updates to California Consumer Privacy Act (CCPA) regulations, which were formally approved by the California Office of Administrative Law on September 23, 2025. We began to outline the requirements for a significant new obligation under the
Artificial Intelligence
AI Adoption Surges Among S&P 500 Companies—But So Do the Risks
According to Cybersecurity Dive, artificial intelligence is no longer experimental technology as more than 70% of S&P 500 companies now identify AI as a material risk in their public disclosures, according to a recent report from The Conference Board. In 2023, that percentage was 12%.
The article reports that major companies are no longer…
Using Patient Photos in Marketing? OCR Settlement Highlights HIPAA Compliance Requirements
Businesses across many industries naturally want to showcase their satisfied customers. Whether it’s a university featuring successful graduates, a retailer highlighting happy shoppers, or a healthcare facility showcasing thriving patients, these real-world testimonials can be powerful marketing tools. However, when it comes to healthcare providers subject to HIPAA, using patient images and information for promotional…
AI Notetaking Tools Under Fire: Lessons from the Otter.ai Class Action Complaint
The rapid adoption of AI notetaking and transcription tools has transformed how organizations (and individuals) capture, analyze, and share meeting and other content. But as these technologies expand, so too do the legal and compliance risks. A recent putative class action lawsuit filed in federal court in California against Otter.ai, a leading provider of AI…
White House Releases America’s AI Action Plan: A Strategic Framework for Innovation, Infrastructure, and Global AI Leadership
On July 23, 2025, the White House released America’s AI Action Plan, a comprehensive national strategy designed to strengthen the United States’ position in artificial intelligence through investment in innovation, infrastructure, and international diplomacy and security. The plan, issued in response to Executive Order 14179, reflects a pro-innovation approach to AI policy—one that aims…
AI Moratorium Removed from Federal Budget Bill
The U.S. Senate voted early Tuesday to remove a proposed moratorium from the federal budget bill. This outcome marks a pivotal moment in the ongoing debate over artificial intelligence regulation in the United States.
The AI moratorium, initially proposed as part of the One Big Beautiful Bill Act, proposed a 10-year moratorium on the…
When Minor Variations in Prompts Lead to Problematic Outputs
The Senate recently voting 99-1 to remove a 10-year moratorium on state regulation of AI says something about the impact of AI, but also its challenges.
A new MIT study, presented at the ACM Conference on Fairness, Accountability and Transparency, demonstrates that large language models (LLMs) used in healthcare can be surprisingly “brittle.” As…
The Potential For One Long Moratorium on AI Regulation
The federal budget bill titled One Big Beautiful Bill aims to unharness artificial intelligence (AI) development in the U.S. The current draft of the bill, which has passed the House, proposes a 10-year moratorium on the enforcement of AI-related legislation by states or other entities. Specifically, it restricts the…
The Growing Cyber Risks from AI — and How Organizations Can Fight Back
Artificial Intelligence (AI) is transforming businesses—automating tasks, powering analytics, and reshaping customer interactions. But like any powerful tool, AI is a double-edged sword. While some adopt AI for protection, attackers are using it to scale and intensify cybercrime. Here’s a high-level discussion at emerging AI-powered cyber risks in 2025—and steps organizations can take to defend.…
Managing the Managers: Governance Risks and Considerations for Employee Monitoring Platforms
In today’s hybrid and remote work environment, organizations are increasingly turning to digital employee management platforms that promise productivity insights, compliance enforcement, and even behavioral analytics. These tools—offered by a growing number of vendors—can monitor everything from application usage and website visits to keystrokes, idle time, and screen recordings. Some go further, offering video capture…