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Articles by Katherine A. Spicer
Artificial Intelligence and the Rise of Product Liability Tort Litigation: Novel Action Alleges AI Chatbot Caused Minor’s Suicide
As we predicted a year ago, the Plaintiffs’ Bar continues to test new legal theories attacking the use of Artificial Intelligence (AI) technology in courtrooms across the country.
Best Practices to Leading Post Cyber Incident Forensic Investigations and Understanding Litigation Implications Surrounding Forensic Reports
Given the proliferation of litigation stemming from cybersecurity incidents, organizations need to understand how legal teams direct forensic investigations in order must ensure forensic reports align with anticipated litigation scenarios. A forensic report is normally prepared by a cybersecurity firm following a thorough investigation into the nature and scope of a company's cybersecurity incident.
Improving Healthcare Cybersecurity Is a Priority for National Security: U.S. HHS Issues Healthcare Sector Cybersecurity Concept Paper Signaling Forthcoming Cybersecurity Framework
Protecting the healthcare sector from the ever-increasing cyber threat is a matter of national security.
Avoiding Litigation and Navigating Regulatory Challenges Amid Growing Privacy, Cybersecurity and Artificial Intelligence Scrutiny
Developing a compliant privacy and cybersecurity program is a challenging undertaking that requires balancing profitability with current enforcement and litigation risk. Join us live in our Washington DC office to hear from in-house leaders, a former FBI agent, an incident response forensic expert, world-class public policy experts, and our privacy and cybersecurity professionals who help companies balance these risks on a regular basis.
National Advertising Division’s 2022 Annual Report: An Advertising Compliance Roadmap for the Year Ahead
“[N]o legacy is so rich as honesty”1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. “FTC leadership,” the NAD Report elaborates, “sent a consistent, strong message that national advertisers should take a hard look at their own advertising” to create marketing from a consumer protection and truth-in-advertising standpoint. Nothing less will do.
7-Steps to Kick Start Your Data Inventory Project
Thursday, January 26, 2023 Privacy World has been talking about the importance of data inventories for years. Why? Because it is next to impossible to build a compliant privacy and data security program without first doing a data inventory. A data inventory will serve as a roadmap to help a company meet various privacy and security compliance milestones. Yet, completing a data inventory is one of the hardest and most daunting parts to building a privacy program.
Use of OFAC Data in Spotlight: Consumer Reporting Agency Sued Again for False Positive Terrorist Watch List Data in Consumer Reports
Tuesday, September 1, 2020 The U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) maintains the Specially Designated Nationals (“SDN”) list, which is published to identify suspected terrorists and other bad actors. US persons are generally prohibited from dealing with anyone on the list, so companies and governments regularly run checks against the SDN list and other “terrorist watch list” data to ensure that they are not doing business with such bad actors.
Mixed Message: Supreme Court Holds Government-Backed Debt Exemption Invalid But Also Finds TCPA Doesn’t Apply to Government at All
July 06, 2020 The Decision is in: Hospitals Will be Required to Disclose Rates in... by: Steven J. Chananie and Kimberly Rai Supreme Court Decides No Signature, No Problem by: Imani C. Tisdale SEC Extends Relief from 1940 Act In-Person Voting Requirements by: John S. Marten and Nathaniel Segal California Flips Switch Toward Electric Trucks by: David H. McCray and Jacob P. Duginski Coronavirus Impact on Economic Development Credit and Incentive... by: Lynn A. Gandhi and David G.
Hassel – Furnisher Roadmap to Victory Hits a Snag
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
[FCRA] Collector Tries to Avoid FCRA Claim By Contending it was an Arm of the State of Missouri — it Did not Go Well.
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
[FCRA] ALERT! Consumers Can Check Credit Reports Weekly For Free
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
[FCRA] Employers Beware: Ninth Circuit Precedent Leads to Easy FCRA Disclosure Class Certification Win
May 04, 2020 Litigating Lending Agreements During And In The Aftermath Of A... by: Andrew B. Kratenstein OSHA Issues Industry-Specific COVID-19 Guidance for Construction,... by: Katelynn M. Williams USPTO Reports on Examination Outcomes Post-Alice by: James J. DeCarlo COVID-19 UPDATE: USCIS Relaxes Requirements To Verify Identity on... by: Suzan Kern Treasury Issues Updated PPP FAQs Addressing Layoffs and Rehires for... by: Philip G. Feigen and Sara C.
[FCRA] Unfair Attack?: 23 State AGs Blast CFPB’s COVID-19 FCRA Response—But is the Criticism Justified?
Thursday, April 30, 2020 A coalition of 23 attorneys general are upset with the Consumer Financial Protection Bureau (“CFPB”). Really upset. On April 1, 2020, the CFPB issued a policy statement that it intended to relax certain oversight priorities during the current COVID-19 pandemic, and this sent the attorneys general into something of a panic.
[FCRA] Fifth Circuit Agrees: CRAs Reinvestigation Reasonable
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
[FCRA] Split Personalities: Government Immune From FCRA Suit, Maybe Not?
Wednesday, April 22, 2020 As of 2018, the Department of Education had issued $1.5 trillion in student loans. As the United States’ top student-loan lender, it is one of the largest furnishers of credit data in the country. That’s right, the Government as a furnisher. Who would have thought? Does that mean a borrower can sue the Department of Education if it violates the Fair Credit Reporting Act (“FCRA”)? If the borrower lives in the Seventh Circuit, he or she can.
FCRA Hassel – A Defense Roadmap for Furnisher Victory
Saturday, April 18, 2020 Another furnisher victory on the pleadings, which again highlights the importance of an aggressive defense mindset from a case’s inception. Winning a case on a motion to dismiss is one of the quickest and most cost-efficient ways to end a lawsuit; and below is how Centric Bank’s (“Centric”) defense team did just that in Hassel v. Centric Bank, No., 2020 U.S. Dist. LEXIS 65883 (M.D. Pa. Apr. 13, 2020).
[FCRA] No Solace for the Solis’s: Empty FCRA Allegation Ends in Dismissal
Wednesday, April 15, 2020 In a consumer loan agreement that went south, Citibank wins dismissal of Fair Credit Reporting Act (“FCRA”) allegations levied by pro se Plaintiffs, the Solis’s. Solis v. Citibank, N.A., No. 19-24042-Civ-WILLIAMS/TORRES, 2020 U.S. Dist. LEXIS 63191 (S.D. Fla. Apr. 8, 2020). As explained below, the Solis’s failed to meet basic notice pleading metrics in at least three ways, but first, what caused all the commotion? The Solis’s defaulted on a loan held by Citibank.
Supreme Court Takes Another Step to Keep Up With the Digital Times: Criminal Procedure and Cell Phone Records in Carpenter
Thanks to Timothy Ivory Carpenter, Cell Site Location Information (“CSLI”) is now part of our vernacular. More important, in light of the Supreme Court’s June 2018 ruling in Carpenter v. United States, a company’s collection and retention of a person’s historical whereabouts (location information) now receives heightened protection from search and seizure by law enforcement. Simply put, CSLI is a personal location record created when a cell phone connects to a nearby cell tower site.
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