Law Offices of Gary Martin Hays & Associates
P.C.
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Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
News and analysis specifically written for legal department leaders of technology companies to help identify, assess, mitigate and control potential or immediate risks to their organization.
Hugo Guzman | September 07, 2023
"From the perspective of AI companies, people want clarity around which applications are prohibited, and what the obligations are associated with each category," said Shannon Yavorsky, an Orrick Herrington & Sutcliffe partner.
Chris O'Malley | September 07, 2023
"My fear is the disclosures that the rules require companies to make in a big rush may force companies to have to 'go public' before they fully understand the situation," insurance executive Kevin LaCroix wrote in a blog post.
Maria Dinzeo | September 07, 2023
"Mass data scraping of personal information can constitute a reportable data breach in many jurisdictions," an international group of privacy watchdogs warned.
Hugo Guzman | August 31, 2023
The cybersecurity community is closely watching the inquiry to see if the agency is embracing the trend of holding individual officers liable for a company's response to a data breach.
Hugo Guzman | August 31, 2023
"Tech companies can expect an increase in union organizing, because the likelihood of the union prevailing in its effort to organize non-union employees has just gone up a lot," said Robert Nagle, a Fox Rothschild partner.
Chris O'Malley | August 31, 2023
"Legal reality is likely to be less accepting of driver responsibility than the car manufacturers might hope," said Cassandra Burke Robertson, a law professor at Case Western Reserve University.
Maria Dinzeo | August 24, 2023
"It is taking over our lives, whether we know it or not," said Rebecca Bauer-Kahan, a member of the California State Assembly. "How do we ensure decisions are being made that are not discriminatory?"
Hugo Guzman | August 17, 2023
Some companies are reacting by pulling or spinning off their Chinese operations, while even Chinese officials themselves are working to help U.S. companies navigate the regulations.
Greg Andrews | August 17, 2023
“Put simply, as the amount of vehicle automation increases, consumer desire decreases,” S&P Global said in its 2023 Global Mobility report.
Marianna Wharry | August 10, 2023
Several major law firms have expressed concern that restrictions under consideration are overly broad.
Isha Marathe | August 10, 2023
Spain's artificial intelligence market has flown under the radar. But with several homegrown AI startups likely to excel in Spanish-speaking countries, U.S. tech companies sense acquisition opportunities.
Maria Dinzeo | August 10, 2023
“The FTC hopes companies violating consumer privacy to cheaply train their AI may think twice because the punishment is becoming more severe," a recent Holland and Knight client briefing says.
Maria Dinzeo | July 20, 2023
"The employee is handing you this information so they can do their job as your employee. And so you have to take reasonable steps to protect it,” said Becky Baker, a Vinson & Elkins partner.
Hugo Guzman | July 20, 2023
"AI makers that aren’t paying rapt attention to the legal dimension or opt to shrug it off will readily find themselves in hot water and facing a bona fide material risk to their business," AI expert Lance Eliot said.
Cassandre Coyer | July 20, 2023
The provision in Threads’ privacy notice that users may only delete their Threads profile by deleting their Instagram account may run afoul of dark pattern, antitrust and privacy regulations.
Chris O'Malley | July 13, 2023
Among the concerns highlighted by the Consumer Financial Protection Bureau is that consumers may not understand that most accounts are not covered by deposit insurance.
Riley Brennan | July 13, 2023
The employee-review system, which results in 10% of workers being classified as low performers, has appeal in the analytically inclined tech industry. But critics say it invites arbitrary judgments and bias.
Hugo Guzman | July 13, 2023
Bloomberg reports that the FTC is preparing to file a far-reaching antitrust lawsuit against the tech giant, in what's likely to be a career-defining moment for controversial agency chair Lina Khan.
Maria Dinzeo | July 06, 2023
Tech analyst Joseph Teasdale said the intense regulatory scrutiny could hamstring Google as it seeks to outmaneuver rivals, leaving it "very wary about wielding its full power."
Hugo Guzman | July 06, 2023
“Terminating a star employee—or any employee—based solely on the fact that the employee ingested a sub-perceptual amount of a psychedelic drug may not make business sense,” according to Vincent Sliwoski, managing partner of Harris Bricken Sliwoski.
Cassandre Coyer | July 06, 2023
“It takes a mature organization to have processes that require a product developer or a marketer to always check in with their privacy team before they move ahead," said Lynn Parker Dupree, partner at Finnegan.
Hugo Guzman | June 29, 2023
"Building the metaverse is a long-term project, but the rationale for it remains the same and we remain committed to it," Meta CEO Mark Zuckerberg said.
Marianna Wharry | June 29, 2023
The Biden administration announced a policy this spring requiring any semiconductor manufacturer requesting over $150 million in federal funding to submit plans for how the company will provide its employees with affordable, high-quality child care.
Maria Dinzeo | June 29, 2023
“There have been a string of opinions that have put lawyers in a position where if they were to do their job competently they would essentially be putting their clients at risk because they would be creating documents that can be used in litigation or an investigatory proceeding,” said David Saunders, a partner at McDermott Will & Emery.
Hugo Guzman | June 22, 2023
"Data is seen as an asset, and the goal of the in-house counsel is to maximize asset value and minimize the liability," said Mark Rasch, of counsel at Kohrman Jackson & Krantz.
Chris O'Malley | June 22, 2023
"Preemption of inconsistent local law is a critical part of any state ... legislation," said Sara Baxenberg, counsel for the Association for Uncrewed Vehicle Systems International.
Maria Dinzeo | June 22, 2023
"We have yet to see a ruling at the heart of the matter, and until we see such a ruling we're not going to see these things go away," said Michael Bahar, a partner at Eversheds Sutherland.
Hugo Guzman | June 15, 2023
"These lawsuits are a case study of what's going on throughout the United States, and it's illustrating and bringing into focus certain pressure points," Duane Morris partner Gerald Maatman, Jr. said.
Maria Dinzeo | June 15, 2023
"The scale of the challenge is great and growing fast,” the Association of Computing Machinery's Tech Policy Council said in a 2021 brief.
Mason Lawlor | June 15, 2023
"I'm not necessarily convinced there's a burnout from going back to work. I think there is a stressor from the standpoint of just people haven't changed the routine they've been in for three years," said Doug Luftman, chief legal officer of ScaleWith.
Hugo Guzman | June 01, 2023
"In-house counsel at social media companies need to take this report seriously," said Jason Winmill, managing partner of Argopoint. "They would be well-advised to craft a proactive plan to address the messages in the report."
Maria Dinzeo | June 01, 2023
"If you're a bad guy and you're not using ChatGPT or other LLMs to go and find vulnerabilities, you're probably not doing your job as a bad guy," said Scott Giordano, general counsel of Spirion.
Chris O'Malley | June 01, 2023
Activist investors and shareholder-advisory firms say dual-class share structures can create fiefdoms. Supporters say they allow companies to focus on long-term value creation.
Greg Andrews | May 25, 2023
“Info tech … will likely face continued shareholder pressure, especially those with low profitability,” Goldman Sachs said in a report last month.
Hugo Guzman | May 25, 2023
"As we have seen from the recent news, the cost of noncompliance is becoming quite high," said Ken Kumayama, a partner at Skadden, Arps, Slate, Meagher & Flom.
Marianna Wharry | May 25, 2023
The sudden collapse of Silicon Valley Bank is a textbook example of how quickly risks can skyrocket. Experts say that's why being proactive is so important.
Riley Brennan | May 18, 2023
"I think the U.S. should lead here and do things first, but to be effective we do need something global," said Samuel Altman, CEO of OpenAI.
Cassandre Coyer | May 18, 2023
“Starting to comply with the DSA will be a game changer in terms of how the platforms and the biggest search engines are structured and dealing with compliance, transparency, governance, reporting, independent audits," said Dessislava Savova, Paris-based leader of Clifford Chance’s tech group.
Hugo Guzman | May 18, 2023
"In the past, a company’s decision to eliminate positions may have been protested by a small group of labor rights advocates. Today, thanks to social media, anyone can challenge workforce reduction decisions," said Sandra Sucher, a Harvard professor of management practice.
Anne Bagamery | May 11, 2023
“Data regulation in Europe is not so complicated, but it’s not so easy, either,” said Marc Mossé, senior counsel at the French firm August Debouzy and a former attorney at Microsoft.
Maria Dinzeo | May 11, 2023
“What everyone in the industry wants to understand is, where is the line, and how can we be sure we're not crossing it?” said Ed McAndrew, a former cybercrime prosecutor.
Maria Dinzeo | May 11, 2023
“You can ban it on company equipment but you can't ban it on other devices that employees might be using. It would be like banning email, or Google search, or a reticence to using the Google enterprise suite of products," said Nithya Das, former chief legal officer of Olo.
Allison Dunn | May 04, 2023
"Ultimately, the full social and economic impacts of a chip shortage of that scale are incalculable, but they would likely be catastrophic," according to a Rhodium Group report.
Greg Andrews | May 04, 2023
“Few folks appreciate how much new cloud business will happen over the next several years from the pending deluge of machine learning that's coming," Amazon CEO Andy Jassy said.
Hugo Guzman | May 04, 2023
"There's an old joke which says never to get into a fight with anyone who buys ink by the barrel. Fighting with regulators is pretty similar because, like it or not, they have immense power," corporate governance expert Charles Elson said.
Riley Brennan | April 27, 2023
The measure in Washington state is the first U.S. privacy law to contain a “private right of action” provision since 2008.
Hugo Guzman | April 27, 2023
Investigators are getting more aggressive, and the geopolitical landscape is growing more complex.
Chris O'Malley | April 27, 2023
At the same time, activists also are advocating for reforms on core business issues, such as executive pay and stock structures that give insiders outsized voting rights.
Chris O'Malley | April 12, 2023
Activists concerned about China's human rights violations and other behavior hope to spur change, and perhaps cause corporate titans to squirm, by pushing shareholder proposals at the companies' annual meetings.
Colleen Murphy | April 12, 2023
"Phishing has evolved past the Nigerian prince who wants to give you an inheritance you have never heard of, to somebody that you work with in accounting sending you what looks like a legitimate email saying, 'There has been a last-minute change on the deal, and we need to change the wire transfer numbers,'" said Edward McNicholas, a Ropes & Gray partner.
Maria Dinzeo | April 12, 2023
"With this level of breach that can and will happen, you can't afford to take a wait-and-see approach if you are managing sensitive data," said Rebecca Krauthamer, co-founder of quantum cybersecurity software firm QuSecure.
Maria Dinzeo | April 05, 2023
“They are very skeptical of deeply concentrated markets and the various types of risks those can create,” said Ben Rossen, a former senior attorney at the FTC.
Cassandre Coyer | April 05, 2023
"It's a warning shot to those individuals who are in a capacity to make decisions," said Cassandra Gaedt-Sheckter, a partner at Gibson, Dunn and Crutcher.
Hugo Guzman | April 06, 2023
"If anybody is saying, 'We're training our generative model by taking all of our customer contracts,' I would truly worry. Not everyone knows how to do this safely," said Gaurav Oberoi, CEO of Lexion.
Chris O'Malley | March 30, 2023
"Any experienced counsel should be advised to think through scenarios where documentation is needed," said H. Gregory Baker, a partner at Patterson Belknap.
Hugo Guzman | March 30, 2023
"This is one of those situations where the problem is complicated. And this one may go too far to one side," Squire Patton Boggs partner Julia Jacobson said of the Utah legislation.
Mason Lawlor | March 30, 2023
"For larger multinationals, China is a huge market for them, so they want to engage there, and they just try to manage their risk to the extent they can," said Cortney Morgan, a partner at Husch Blackwell.
Chris O'Malley | March 23, 2023
"Organizations that ignore or downplay the ethical issues associated with developing and using emerging technologies risk multiple forms of legal, reputational and organizational damage that can erode profitability and trust," according to Beena Ammanath, managing director of Deloitte Consulting.
Maria Dinzeo | March 23, 2023
“Data is not oil. It’s water that will be shared by everyone. Every company is trying to figure out how to build a relationship with the customer and provide something of value to them," said Vijay Viswanathan, a marketing professor at Northwestern University.
Hugo Guzman | March 23, 2023
"Trust is the foundation of the legal system. If you can't trust what [AI tools] are saying, it can tear everything apart," said Michael Sander, managing director of the legal analytics firm Docket Alarm.
Isha Marathe | March 16, 2023
Though still in its early stages, the bipartisan Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT Act) is expected to eventually pass, increasing due diligence burdens on tech companies both big and small.
Chris O'Malley | March 16, 2023
"An insured has to be able to tell a good story," said Daniel Burke, senior vice president of the cyber practice at Woodruff Sawyer & Co.
Marianna Wharry | March 16, 2023
A potentially forthcoming climate reporting requirement from the U.S. Securities and Exchange Commission has legal experts worried about a looming litigation risk for companies that don't have a robust team in place for tracking emissions data.
Anne Bagamery | February 23, 2023
The 27 European Union member states are preparing for 2024's full rollout of the Digital Services Act, which potentially could become a model for legislation in the U.S.
Alaina Lancaster | February 23, 2023
“I think we’re just scratching the surface,” Winston and Strawn partner Sean Wieber said of biometric privacy lawsuits.
Isha Marathe | February 23, 2023
"When you go through any kind of transition as an organization, it creates both operational, and emotional upheaval," said Mark Sangster, chief of strategy at Adlumin.
Maria Dinzeo | February 15, 2023
"The SEC is a black box to so many companies. It’s sort of mysterious and episodic, and usually the episodes aren't positive ones," said Robinhood's Dan Gallagher, himself a former SEC commissioner.
Chris O'Malley | February 15, 2023
Tech companies already are grappling with stepped-up enforcement of existing child privacy rules and proposed legislation at the state and federal level that would further restrict what's permissible.
Chris O'Malley | February 15, 2023
"While the principle of aerial trespass has existed for decades, few—if any—courts have wrestled with how to apply it to drones," according to a report from the U.S. Chamber of Commerce Institute for Legal Reform.
Colleen Murphy | February 08, 2023
"I think that tech companies have been booming for a number of years, and it's only natural that legal issues are going to come to the fore," said Shannon Liss-Riordan, a partner at Lichten & Liss-Riordan.
Maria Dinzeo | February 08, 2023
Microsoft said that, if websites are no longer able to rely on algorithms, "the internet would devolve into a disorganized collection of haphazardly assembled information that would be impossible to navigate."
Marianna Wharry | February 08, 2023
"Unionization is hitting where millennials are working, as a generalization," said Matt Austin, an employer-side attorney at Austin Legal in Columbus, Ohio.
Cassandre Coyer | February 01, 2023
For now, ChatGPT users aren’t given the option to consent to the use of their personal information, nor the opportunity to delete that data.
Chris O'Malley | February 01, 2023
The tech giant cut Tim Cook's target pay by 40% to be "responsive to shareholder feedback," as reflected by the growing number of "no" votes on its "say-on-pay" proposal. Other companies are feeling similar pressure.
Maria Dinzeo | February 02, 2023
Goodwin Procter partner Martin Gomez said ChatGPT can be useful for questions for which there are black-and-white answers, but in-house counsel are often faced with the opposite. “So much of being a lawyer is operating in the gray and making judgment calls," he said.
Isha Marathe | February 01, 2023
"Because the legal tech market is growing so much, not all vendors are on the same maturity curve," said Mark Yacano, a managing director at Major, Lindsey and Africa.
Hugo Guzman | January 26, 2023
"The hearing has the effect of providing encouragement to the Department of Justice to do something," said William Kovacic, a professor at the George Washington University Law School and former Federal Trade Commission chairman.
Hugo Guzman | January 25, 2023
"From a regulatory perspective it's a logical extension of the restrictions ... that the federal government is enacting," said Stephen Piepgrass, a partner at Troutman Pepper.
Chris O'Malley | January 24, 2023
"The lawyers in our survey gave remarkably consistent comments. ... They see the key risk as the board. They worry over its composition, quality and experience," Baker McKenzie wrote in a recently released report.
Maria Dinzeo | January 18, 2023
"The employees who really should have non-compete restrictions are those who have the keys to the kingdom, or who know the secret sauce," said Becky Baker, a Vinson and Elkins partner.
Chris O'Malley | January 18, 2023
Proposals in the pipeline deal with a broad range of topics, including hate speech, reproductive rights and pay equity.
Maria Dinzeo | January 11, 2023
“2023 will be a momentous competition law year," said William Kovacic, a former FTC chairman.
Cassandre Coyer | January 18, 2023
"It's going to be challenging either way when you have a lot of departures, but if you thought about it in advance and prepared in advance, it can be a lot more manageable," said David Cohen, chair of the records and e-discovery group at Reed Smith.
Maria Dinzeo | January 11, 2023
"It's going to be a year with a lot of fireworks and drama,” said Brad Rosen, a senior legal analyst at Wolters Kluwer.
Allison Dunn | January 11, 2023
"While it may be counterintuitive, given Republican aversion to federal regulation in general, many perceive the need for a national privacy law that will preempt state laws," said Shari Lewis, a partner at Rivkin Radler.
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