Gina Passarella

Know the limits of what parties in an arbitration may say, according to the Rules of Professional Conduct for attorneys and the American Arbitration Association. Consider whether the final award might be redacted to preserve confidentiality, especially in high-profile matters that may attract press attention. Great discussion with fellow panelists Jordan Greenberger, Mansi Karol and moderator Kyle-Beth Hilfer, followed by excellent questions from attendees. #arbitration #attorney

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Are you prepared for the newly changed NYC labor laws? Find out about the new NYC Workers' Bill of Rights notice requirement and the DOL overtime final rule which took effect on July 1, 2024 in Lowenstein Sandler LLP's latest Employment client alert. #employmentlaw #newyorkcity #workersrights #employers #lawyers

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VERMONT Privacy Bill Veto Governor Scott has vetoed H.121 over concerns regarding the bill’s limited private right of action and the overall impact of the bill on the state’s businesses. The legislature is set to meet next week to debate the several vetoes the governor has issued. At this point, the early indications are that a veto override is likely in the House, but its prospects in the Senate are uncertain. As you may recall, H.121 underwent some back-and-forth amendments between the House and Senate and passed both chambers on the final day of the session. Last-minute deals included a limited private right of action (PRA) that becomes effective 1/1/27 and is repealed 1/1/29 to force legislative action. The PRA is the existing one in Vermont’s Consumer Protection chapter and is solely related to sensitive information and protected health care information violations committed by data brokers and large data holders with more than 100.000 customers in Vermont. This timeframe also creates the opportunity to revisit this issue prior to going into effect. Another notable change was a narrow entity level exemption for HIPAA covered entities. House 121 contains a new Vermont Data Privacy Act that will govern the scope of nonpublic personal information collected by various entities, the use of that information consistent with permitted purposes, use beyond those permitted purposes absent consumer permission, and enforcement measures. The Act contains numerous exemptions for information and use subject to privacy laws and regulations contained in federal or State law, including entity and data level exemptions for insurers and financial institutions.

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Governor Moore signed the Maryland Online Data Privacy Act into law today, bringing the number of states with general privacy laws up to 18. (Sadly, Clay Davis wasn’t involved.) MODPA doesn’t follow the California or Washington model but introduces a new (lake trout?) flavor of privacy law. Notable differences: * For all personal data, businesses must limit the collection of personal data to what is “reasonably necessary and proportionate to provide or maintain a specific product or service requested by the consumer” – not just disclosed in the privacy policy. (Keep an eye on this requirement; it's a biggie.) * Lower applicability thresholds: 35K individuals or 10K individuals plus >20% revenue derived from the sale of data. * No selling data of kids under 18 if you know or “should have known” the kid is under 18. * No geofencing within 1,750 feet of mental or reproductive/sexual health facilities to identify, track, or collect data from consumers or to send notifications to consumers regarding their data.  * Can’t collect or process data for unlawful discrimination, except for self-testing or mitigation. * No private right of action (whew!) * 60-day cure that’s discretionary with the AG Goes into effect on October 1, 2025 #law #privacy

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The NPRM's new proposed fees for terminal disclaimers and continuations put some beef behind Cellect by increasing the costs and risks of not preemptively disclaiming. The fact that not disclaiming prior to receiving the first OA on the merits is almost 3 times the current fee means that they expect applicant to disclaim despite not having received a double patenting rejection. Going forward, it's definitely an added incentive to present families of claims separately in different applications upon filing. Now it's time for a shameless plug. Watch our video on terminal disclaimer practice in the post-Cellect world:

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The Delaware Court of Chancery issued an important victory to HSW in the firm’s ongoing action against BuzzFeed, striking down the media company’s second attempt to prevent a group of former employees from arbitrating their claims stemming from its initial public offering. Partners Joseph Gallagher, Yonaton Aronoff and Jonathan Harris represent more than 40 former BuzzFeed employees who allege they were wrongfully locked out of selling their shares (causing them to suffer millions of dollars in losses) after the company went public via a SPAC transaction in late 2021. HSW brought the former employees’ claims in arbitration and BuzzFeed Inc. (NASDAQ: BZFD) filed suit in Delaware court to stop the arbitration. This latest gambit by BuzzFeed was its second attempt to force HSW’s clients to sue in Delaware. But the Chancery Court rejected BuzzFeed’s arguments, agreeing with HSW that only an arbitrator can decide where the suit belongs. A similar group of former BuzzFeed employees are represented by The Galbraith Law Firm and O'Brien LLP, and both groups are represented jointly by Bailey & Glasser, LLP in Delaware #Arbitration #IPO #SPAC

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Gearing up for #climate disclosure rules and AI-backed government #enforcement. Plus the board’s critical role in a spin-off, full disclosure about conflicts and how #directors can engage #shareholders. All in this issue of The Informed Board. #ai #artificialintelligence #esg #boardsofdirectors #corporategovernance #capitalmarkets #mergersandacquisitions

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American Privacy Rights Act (APRA) Update  Lawmakers released a revised version of the American Privacy Rights Act (APRA), moving it out of subcommittee unanimously to the full Energy and Commerce Committee on May 23.  APRA aims to establish federal data privacy laws but includes preemption provisions that override stronger state protections like those in California.  Average Internet use is nearly seven hours daily, generating significant amounts of data and underscoring the need for robust privacy legislation.  APRA revisions expanded from 53 to 174 pages, yet concerns remain about preemption, sensitive information, profiling, and government service provider protections. Key Changes: Ø Targeted Advertising : The bill allows broader data collection for targeted ads, raising concerns about potential loopholes. Ø Child Protections : Elements of COPPA 2.0 were included, but protections for minors are seen as insufficient. Ø Data Deletion : Adds a mechanism for deleting data not directly collected by brokers, akin to California's “Delete Act.” § Despite improvements, APRA’s preemption clause could limit states' abilities to enforce stronger privacy laws, reducing the authority of state agencies and attorneys general. § The journey for APRA is ongoing, with further legislative hurdles before potential presidential approval. Stay informed on developments. Source: https://lnkd.in/gC7TBaXR

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Consumer Class Actions, now available in its 2024 Eleventh Edition, is a how-to manual for handling every aspect of a class action, designed to be valuable both for small law offices and for established class action firms. The treatise includes practice tips and other contributions from over 20 of the most experienced consumer class action litigators from every part of the country. Learn more. #ProtectConsumers #ConsumerLaw #ClassActions #DigitalLibrary

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As law firms look to highlight their unique qualities in a highly competitive market, it is important to understand the value of strategic public relations initiatives for ongoing business development and branding. In an article for the New York Law Journal, Kelsey Eidbo and Jaylen Pearson, members of Infinite Global, alongside Penny Paul, Senior Manager of Marketing and Communications at national law firm Lowenstein Sandler LLP, highlight the importance of a strong communications program and discuss how to integrate priority attorneys and internal marketing and business development staff into it. Read More: https://bit.ly/3URdfnZ #LawFirm #BusinessDevelopment #Branding #CommunicationsStrategy

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Some Big Law firms are now making summer associates learn the ins and outs of generative #AIhttps://lnkd.in/dhUmZTKB Big Law firms are now making summer associates learn the ins and outs of generative AI as they begin integrating what’s considered to be a game-changing technology for the profession. Read more:  https://lnkd.in/dFHYzvm7  Justice News247

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📌 Last week, Stanford HAI released a pre-print that found that gen AI-powered legal research tools from Thomson Reuters (TR) and LexisNexis hallucinate more often than the companies had let on. The study was quickly rejected by observers for its flawed methodology. Since then, Stanford has agreed to re-examine and augment parts of the research. ❓ Still---the bigger question remains---why does legal have to rely on academics to provide insight into the tech they are looking to procure? Here's what the Stanford research story tells us: 1️⃣ Stanford asked TR for access to Westlaw Precision (the right legal research tool), multiple times. After several rejections, Stanford pivoted to using Practical Law (not the right research tool)---only for TR to offer access days before the paper was due to be published. 2️⃣ Lexis pushed back by saying that the company's internal findings show a lower rate of hallucination. But these internal findings/benchmarks have not been publicized. 3️⃣ Likewise, TR says its internal benchmarks are also not publicized and don't plan to be as of right now. 4️⃣ Greg Lambert told me that historically, law firms rely on the "law firm gut check" more than they do on benchmarks. Possibly why the industry hasn't pushed for benchmarking from its legal tech the same way that tech at large does. 📍 But do these practices work to create a healthy legal tech marketplace? What does it mean in the age of tech as powerful and inherently opaque as gen AI? What does it mean when we operate in a legal research duopoly? 📍 Read below. For Legaltech News

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Arigna Technology Ltd.’s case against a litigation funder over the distribution of a $100 million settlement from a patent-enforcement campaign was paused by a federal judge while an arbitrator determines what issues are within its jurisdiction to resolve. Longford Capital Fund III LP—a private investment fund managed by Chicago-based Longford Capital—can use an arbitration provision in Arigna’s agreement with the law firm Susman Godfrey LLP, which represented Arigna in the patent-enforcement litigation, according to Judge Gregory B. Williams’ opinion issued Wednesday in the US District Court for the District of Delaware. Longford is seeking $32 million from the settlement paid to Atlantic IP Services Limited, an Ireland-based Arigna affiliate. Arigna sued Longford in December 2023 over the distribution of the settlement payment, seeking a declaration that the funder had a security interest in only a portion of the winnings connected to certain patents. Arigna’s patent-litigation campaign started several years earlier, when the company started filing suits against auto companies and smartphone makers including Samsung Electronics and Apple. “Because ‘arbitration is a matter of contract,’ parties may agree to arbitrate on the issue of arbitrability,” Williams wrote. Susman secured funding from Longford to reduce its own risk exposure, according to declarations from Arigna’s director. Arigna last Nov. 18 inked a settlement-and-license agreement with an undisclosed entity Arigna claimed infringed certain of its patents, the ruling says. Click to read the full story: https://lnkd.in/ez5jZF82.

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Hear from an esteemed panel of leaders in government, law, and public health on how the U.S. Supreme Court's decision in Dobbs impacts not only on a women's right to choose but also on so many areas of our lives as well as the law, including: - corporate operations - the criminal justice system - the economy - freedom of information - the health and safety of pregnant persons  - the practice of medicine #civilrights #Dobbs #womensrights

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⭐ Ethical Issues Regarding the Use of Generative AI (Gen AI) While Gen AI is redefining the practice of law, its use must still comport with conventional RPCs.  The Pennsylvania and Philly Bars released a jointly issued formal Opinion, which you can read here:  https://lnkd.in/eMg5DSNG Here are the key takeaways: 🔍Competency: Lawyers must understand Gen AI’s potential, risks, and benefits. These tools should complement, not replace professional reviews of legal materials. 🔍Responsible Use: Employ Gen AI tools cautiously, ensuring that the quality and accuracy of the AI-generated work product is always reviewed by the lawyer. 🔍Infosec Guardrails: Safeguard confidential client information by using Gen AI tools that maintain data privacy and security. 🚀 Interested in learning more? 🚀 We're offering a lunch & learn session for firms interested in understanding how Gen AI can be utilized responsibly and productively without compromising one’s ethical obligations. 📩 DM us to schedule your session! #LegalTech #AI #LegalInnovation #EthicalAI #LawFirms #LegalPractice #Compliance #DataSecurity

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More video on state privacy laws!

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Nancy Libin, John Sevier, and Jevan Hutson review #Minnesota's new #dataprivacy law in NYU Program on Corporate Compliance and Enforcement's blog: https://lnkd.in/e_6Pd_gV #consumerprivacy #privacyrights Jennifer Arlen, Carolyn R Pautz, PhD, Judy Jiang

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