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New Year, New Privacy Laws!
States continued to pass comprehensive consumer privacy laws throughout 2024. 2025 brings eight new state-level comprehensive consumer privacy laws into effect. As with the five state privacy laws that went into effect in 2024, states continue to introduce nuances as to applicability thresholds, entity and data level exemptions, and other compliance requirements for subject companies….By:…
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Motivation MIA? Federal Circuit Sends IPR Back to the Drawing Board
The US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial & Appeal Board decision, finding that the Board erred by failing to explain its holding and reasoning regarding a motivation to combine prior art references. Palo Alto Networks, Inc. v. Centripetal Networks, LLC, Case No. 23-1636 (Fed. Cir. Dec. 16,…
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Understanding GenAI Response Limits: What Every Legal Professional Should Know
As some readers will know, we have spent many hours working with Generative AI-based Large Language Models (“LLMs”) like GPT (aka ChatGPT) and Claude. We use both in our DiscoveryPartner® software to summarize and synthesize across documents, providing answers to user questions about large document sets. We also use both daily to assist with writing…
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OEMs Might Soon Get Clarity On Massachusetts and Maine Right to Repair Laws – Seyfarth’s Future of Automotive Series
OEMs may finally get some clarity in the next couple of months about their obligations under Massachusetts and Maine right to repair laws requiring them to provide owners and independent repair facilities access to mechanical data in vehicles that utilize telematics systems. In Massachusetts, a constitutional challenge that has been pending in federal court for…
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Germany: Works Agreements Cannot Legitimate Inadmissible Data Processing.
If employers and works councils agree on ‘more specific rules’ in a works agreement regarding the processing of employees’ personal data in the employment context (Art. 88 (1) GDPR), these must take into account the general data protection principles, including the lawfulness of processing (Art. 5, Art. 6 and Art. 9 GDPR), according to the…
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Mediation Is an Effective Risk Management Strategy, but Be Thorough.
An old adage states, “The worst settlement is often better than the best trial, particularly for the losing party.” This was true in a recent upstate New York case where a jury awarded damages twenty times the realistic settlement value. How does that happen? What did the defense miss to be so far off? Quite…
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OneBlood Experiences Data Breach Following Cyberattack
On January 9, 2025, OneBlood, Inc. filed a notice of data breach with the Attorney General of Vermont after discovering that an unauthorized party was able to access portions of the company’s IT network. In this notice, OneBlood explains that the incident resulted in an unauthorized party being able to access consumers’ sensitive information, which…
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The North Los Angeles County Regional Center Files Notice of Data Breach Following Apparent Ransomware Attack
On December 31, 2024, the North Los Angeles County Regional Center (“NLACRC”) filed a notice of data breach with the Attorney General of California after discovering unauthorized activity within its computer network that was consistent with a ransomware attack. In this notice, North Los Angeles County Regional Center explains that the incident resulted in an…
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Mission Bank Files Notice of Data Breach with California Attorney General
On January 7, 2025, Mission Bancorp (“Mission Bank”) filed a notice of data breach with the Attorney General of California after discovering that an unauthorized party had accessed its computer network. In this notice, Mission Bank explains that the incident resulted in an unauthorized party being able to access consumers’ sensitive information, which includes their…
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Gerber Life Insurance Files Notice of Data Breach Following Unauthorized Access to Call Center Systems
On January 8, 2025, Gerber Life Insurance Company (“Gerber Life”) filed a notice of data breach with the Attorney General of Massachusetts after discovering that an unauthorized party was able to access certain systems in the company’s call center. In this notice, Gerber Life explains that the incident resulted in an unauthorized party being able…