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Federal Court Rules using AI Tools can Waive Privilege, Even if Privileged Information is Input into Them

February 16, 2026 By Daniel Felz, Dorian Simmons and Christian Seremetis

On February 10, 2026, the U. S. District Court for the Southern District of New York held that a criminal defendant could not claim attorney-client privilege over documents he produced using a commercially available artificial intelligence (“AI”) tool – even though he had input privileged information from his lawyers into the tool. This case is […]

Filed Under: AI Cybersecurity & Privacy, Artificial Intelligence (AI) Tagged With: AI, Evidence, Litigation, Privilege

California Attorney General Announces Investigative Sweep into “Surveillance Pricing”

January 29, 2026 By Daniel Felz, Dorian Simmons and Christian Seremetis

On January 28, 2026, California Attorney General (“AG”) Rob Bonta announced an investigative sweep targeting “surveillance pricing” practices among businesses in the retail, grocery, and hotel sectors. The investigation focuses on companies that use consumers’ personal information to set individualized prices. According to the AG’s press release, surveillance pricing practices could violate the California Consumer […]

Filed Under: Adtech & Digital Tracking, AI Cybersecurity & Privacy, Artificial Intelligence (AI), California Privacy & the CCPA, Consumer Protection/FTC, Privacy & Cyber Regulatory Enforcement, Privacy & Cybersecurity Litigation Tagged With: Antitrust, Artificial Intelligence, Behavioral Tracking, Big Data, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Privacy, Regulatory Enforcement, US State Law

New York Regulates Large Artificial Intelligence Models

January 21, 2026 By Kim Peretti, Jennifer Everett, Scott Hilsen, Dorian Simmons and Santi Villar

On December 19, 2025, just eight days after President Trump issued an executive order titled “Ensuring a National Policy Framework for Artificial Intelligence” to challenge burdensome state laws that regulate artificial intelligence (the “December 2025 EO”), New York Governor Kathy Hochul signed the Responsible Artificial Intelligence (“AI”) Safety and Education Act (the “RAISE Act”). The […]

Filed Under: AI Cybersecurity & Privacy, Artificial Intelligence (AI), Board Governance & Cyber Risk Management Tagged With: Artificial Intelligence, New York, US State Law

Spanish DPA Highlights Privacy Risks in GenAI Content Creation

January 19, 2026 By Alice Portnoy and Wim Nauwelaerts

Earlier this month, the Spanish Data Protection Authority (Agencia Española de Protección de Datos, or AEPD) issued new guidance on the privacy and data protection risks associated with uploading images or photos – whether directly or indirectly identifying individuals – into generative AI tools. The guidance is particularly focused on situations where those images are […]

Filed Under: AI Cybersecurity & Privacy, Artificial Intelligence (AI)

Unlocking the MIND Act: The Senate To Take on the Challenge of Neurotechnology

September 25, 2025 By Sara Pullen

On September 24, 2025, Ranking Member Cantwell (D-Wash.), Leader Schumer (D-NY), and Senator Markey (D-Mass.) announced they will introduce the “Management of Individuals’ Neural Data Act of 2025” (“MIND Act”).  If enacted, the MIND Act will direct the Federal Trade Commission (“FTC”) to conduct a comprehensive study and report on the collection, processing, storage, sale, […]

Filed Under: AI Cybersecurity & Privacy, Artificial Intelligence (AI), Board Governance & Cyber Risk Management, HIPAA/Health Information Privacy, Security & Breach Response, Privacy & Cyber Regulatory Enforcement, Privacy & Cybersecurity Litigation Tagged With: Artificial Intelligence, Data Protection, Federal Trade Commission (FTC), Health Information Security, Neuroprivacy, Privacy, Senate

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Recent Posts

  • Federal Court Rules using AI Tools can Waive Privilege, Even if Privileged Information is Input into Them
  • New Jersey Expands HIPAA-Based Exemptions Under Its Comprehensive Privacy Law
  • FBI Launches Operation Winter SHIELD in Effort to Advance Cyber Resilience Across Critical Sectors
  • FTC Reverses Rytr Consent Order Amid Push for Federal AI Standards
  • California Attorney General Announces Investigative Sweep into “Surveillance Pricing”
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