The role of technology and data continues to expand in both corporate operations and day-to-day interactions. Companies are at a critical crossroads of how to leverage this connectivity while protecting themselves from cyberattacks, data breaches, and an increasingly complicated regulatory environment. Morgan Lewis is closely tracking the explosion of data privacy laws and technological innovations to help major industries around the globe understand how these changes could affect their businesses.
If you are just wrapping your head around the concepts of virtual reality and augmented reality, it may be time to get past the learning curve, as more technology companies are talking about creating the “metaverse.”
The US Court of Appeals for the Federal Circuit’s recent decision on an appeal from the Patent Trial and Appeal Board to limit prior art for design patent applications to only analogous fields may make it easier for applicants to obtain design patents and more difficult for challengers to invalidate them.
Multinational pharmaceutical companies, by nature of their business, handle a great deal of data, often transferred across borders, whether based on research, clinical trial data, and employee personal data.
On September 2, 2021, the US District Court for the Eastern District of Virginia granted the United States Patent and Trademark Office’s (USPTO’s) motion for summary judgement, finding that an artificial intelligence (AI) system cannot be named as an inventor on a patent.
US Secretary of Commerce Gina Raimondo announced on September 8 that the Department of Commerce established a high-level committee to advise the federal government on a range of issues related to artificial intelligence (AI) and the National Artificial Intelligence Initiative (the Initiative).
The US Department of the Treasury’s Office of Foreign Assets Control (OFAC) recently issued an “Updated Advisory on Potential Sanctions Risks for Facilitating Ransomware Payments.” This advisory continues prior advisory comments strongly discouraging companies from making ransomware payments and suggests proactive steps for mitigating ransomware risks, including actions that OFAC would consider to be “mitigating factors” in any related enforcement action.
According to recent guidance from the US Federal Trade Commission (FTC), providers of health apps and connected devices that collect consumers’ health information must comply with the FTC’s Health Breach Notification Rule, 16 CFR Part 318, and therefore are required to notify consumers and others when their health data is breached.
Hinting that the US Department of Labor (DOL) is currently working on guidance related to cryptocurrency, the Acting Assistant Secretary for the DOL’s Employee Benefits Security Administration recently commented that the DOL finds the prospect of cryptocurrency investments in 401(k) plan lineups “troubling.” This may be a sign of DOL focus on the increasing frequency of ERISA plan investments in cryptocurrency vehicles, including funds with cryptocurrency exposures.
Partner Ryan McCarthy told Law.com that government contractors can expect an uptick in whistleblower allegations related to cybersecurity following the US Department of Justice’s announcement of a new initiative that would use the False Claims Act to target cybersecurity-related fraud by these contractors and grant recipients.
Chair Jami McKeon and partner Tim Levin spoke with Artificial Lawyer about AdviserDash, a cloud-based portal application created by the firm to help automate the regulatory reporting needs of funds clients.
Partners Lesli Ligorner and Todd Liao spoke with SHRM about the Personal Information Protection Law, which will go into effect in China beginning November 2021.
Partner Mark Krotoski spoke with Law360 about the first year of enforcement under the California Consumer Privacy Act.
Partner Pulina Whitaker authored an article for Intellectual Property Magazine discussing the European Commission’s June 28, 2021 approval of two decisions granting the United Kingdom the status of having “adequate” data protection laws so that transfers of personal data from the European Union are not restricted.
Morgan Lewis partner Sarah-Jane Morin was interviewed by Law360 about the US Senate’s $1.2 trillion infrastructure bill that included a “controversial measure” that could have major implications for the cryptocurrency industry through reporting requirements for brokers in the digital asset space.
Partner Reece Hirsch spoke with Law360 about some of the hot topics in cybersecurity and privacy law in 2021.
Partner Todd Liao and associate Sylvia Hu authored an article for Global Data Review looking at China’s new Data Security Law, which comes into effect on September 1, 2021. Its broad scope will potentially affect all organizations with a presence in China, including multinational corporations.