At the same time, the commercial insurance market is not merely lagging behind AI risk—it is actively beginning to retreat from it. Industry developments in 2025 and 2026 show insurers increasingly limiting or excluding coverage for AI-related losses, reinforcing the same structural gap identified in the Gallagher report.For technology lawyers and commercial teams negotiating AI

Mitigating Risk in the Influencer Economy: A Legal Guide to Avoiding FTC Penalties for Brand Partners

Brands are increasingly turning to social media influencers to promote their products and services through organic and immersive content. Social media campaigns using influencers allow brands to benefit from the creativity and likeness of a content creator, resulting in

Countdown to Compliance: Navigating the DOJ and PADFAA Frameworks on Sensitive Data Transfers to Foreign Adversaries

Who Must Comply?
The DSP applies to all U.S. persons (individuals and companies) who engage in covered data transactions, which are described below, with China, Russia, Iran, North Korea, Venezuela, Cuba, and certain persons deemed on a list “covered

The Take it Down Act: Federal Protections Against Digital Exploitation Bring Compliance Obligations for Online Platforms

The Take It Down Act imposes requirements on “covered platforms,” which are defined as: (1) websites, online services, online applications, or mobile applications that serve the public and that primarily provides a forum for user-generated content, including messages, videos,

Does MHMD apply to my entity?MHMD applies companies and non-profits that control “consumer health data” and do not fall within the exceptions noted below.  “Consumer health data” is personal information that is linked or reasonably linkable to a Washington state resident or a person whose consumer health data is collected in Washington, and the personal

Does your business process sensitive data, such as data related to consumer health, precise geolocation, biometrics or children? As an initial matter, if you aren’t sure whether or how your business processes sensitive data, you should conduct a data inventory. In addition to helping to identify the company’s data practices, data mapping helps companies reasonably

Traditional Health Data Breaches Are ContinuingBreaches of healthcare systems are continuing at an aggressive pace. According to Emsisoft Malware Lab, so far this year, at least 25 healthcare providers operating 290 hospitals have been impacted by ransomware. A recently published security industry report by the Ponemon Institute and IBM Security states that, for the

FCC Rule Set to Require “One-To-One” Written Consent on Lead Generator Websites

On November 22, 2023, the Federal Communications Commission issued a proposed rule that likely will considerably alter the online lead generation industry, including the use of comparison shopping websites. The proposed rule addresses a number of areas, but, notably, the rule would require

FTC Adds Data Breach Reporting Requirement to Its GLB Safeguards Rule Applicable to Nonbank Financial Institutions

Notification Event
The new amendment to the Safeguards rule requires notification to the FTC upon discovery of a “notification event,” which is a defined term that deviates from existing terminology and arguably requires notification in a broad set of