Womble Perspectives

The term dark patterns was coined by UX specialist Harry Brignall. To put it simply, dark patterns are user interfaces designed to 'trick', 'encourage' or 'compel' users into taking certain actions, potentially against users' wishes.   Recently, there has been an increasing focus on dark patterns by the advertising and consumer regulations in the UK, EU and US. I...

Today's episode is a quick rundown of the Delaware Personal Data Privacy Act and some of the requirements listed therein. Read the full article About the authors Tara N. Cho, CIPP/US, CIPP/E Theodore F. Claypoole Katie Hyman, CIPP/E, CIPP/US, CIPM Nadia G. Aram Taylor Ey, CIPP/US, CIPP/E Christine Xiao, CIPP/US Tyler Connor, CIPP/US Ting Zheng, CIPP/US

This episode discusses the complex landscape of AI classifications and their associated legal regulations. We highlight the need for clear, unified definitions and regulations pertaining to AI to mitigate legal ambiguity. Read the full article About the author Ted Claypoole ( bio )

In recent years, the U.S. has pursued a whole-of-government approach to target Chinese technology and service providers in furtherance of foreign policy and national security objectives.  This includes the implementation of sweeping new export control initiatives, domestic restrictions on the use and procurement of Chinese telecommunications equipment and services, targeted economic and trade sanc...

In this episode, we explore the Enhanced Alternative Connect American Model (Enhanced A-CAM) in detail. For more detailed information, contact our Communications, Technology, and Media team. For those filing to receive Enhanced A-CAM support, letters are due on Friday, September 29th. These letters must be emailed to ConnectAmerica@fcc.gov. About the authors Carri Bennet ( bio ) Michael Bennet ( b...

In this episode, we navigate the complex world of state-level data privacy laws.  We discuss the impact of these changes on businesses and individuals and speculate about the future landscape of data privacy legislation. This episode is a must-listen for anyone seeking to understand and navigate the rapidly shifting terrain of data privacy laws. Read the full article. About the authors Tara Cho (...

In this episode, we delve deep into the intersection of geopolitics and renewable energy investment. From crucial minerals used in renewable tech that are tied to certain nations to the implications for countries heavily dependent on fossil fuel exports, the episode casts light on the complex dynamics at play. Listen in as we reveal how policies and international relations can swing the pendulum,...

This episode discusses the growing trend of state-level regulation in the United States concerning facial recognition technology. It highlights that multiple states have started implementing laws and regulations aimed at governing the use of facial recognition in various contexts, ranging from law enforcement to commercial applications. Read the full article. About the author Barlow Keener ( bio )

Chris Mammen has contributed a chapter to a new book published by Cambridge Press. His chapter focuses on the topic of AI inventors. This contribution delves into the complex legal and ethical questions surrounding whether AI systems can be recognized as inventors and how this impacts intellectual property rights. Read the article. About Dr. Christian E. Mammen

Today's episode explores the emerging landscape of cryptocurrency regulation, with a specific focus on the European Union's recent proposals. We delve into the EU's comprehensive regulatory framework for crypto assets, covering key aspects such as definitions, licensing requirements, investor protection measures, and anti-money laundering guidelines. Read the full article. About the...

The episode discusses collaborative approaches between the UK and the US to achieve net-zero economies on a regional scale. It highlights the importance of aligning policies, investments, and technologies to address climate change effectively. Read the full article. About the author Jonathan Bower ( bio )

In today's episode: Governments, environmental groups, and class action attorneys have all gotten the message and are actively looking to find and punish companies engaged in greenwashing. The litigation risk continues to grow. Read the full article: https://www.womblebonddickinson.com/us/insights/articles-and-briefings/thin-coat-worse-none-all-increasing-threat-greenwashing-litigation About...

First in a series of six episodes exploring some of the issues companies face when doing business in a global landscape, this episode covers issues in the supply chain and how business can mitigate associated risks. Read the full article: https://www.womblebonddickinson.com/us/insights/articles-and-briefings/supply-chain-disruption-europe-uk-and-us-how-businesses-can More insights from our Growing...

Today's episode explores the concept of achieving "perfect" artificial intelligence (AI) and its implications within the legal framework. It discusses the challenges of defining and attaining perfection in AI systems, highlighting the need to strike a balance between technological advancement and practicality in order to integrate AI effectively into legal processes. The episode emp...

What can companies do now to be ready long before a crisis occurs? Leonard Greenberger, senior counselor at AKCG - Public Relations Counselor, a national public relations firm specializing in issue and crisis preparedness and response, shares best practices and lessons learned. This episode is part of a series from the 2022 SOCMA Conference (Society of Chemical Manufacturers & Affiliates). Mor...

Welcome to the latest episode of Womble Perspectives. Today, we're diving deep into a game-changing topic: the recently proposed merger guidelines jointly presented by the Department of Justice and the Federal Trade Commission. These guidelines, if approved, are set to shake up the way mergers are assessed and contested, marking a significant shift in the landscape. Read the full article. Abo...

The SEC has  introduced a new rule when it comes to reporting cybersecurity incidents. This episode summarizes the ins and outs of the rule and sheds light on how companies can be prepared once the rule goes into effect. Read the full article. Learn more about the authors: Tara N. Cho, CIPP/US, CIPP/E ( bio ) Theodore F. Claypoole ( bio ) Ting Zheng, CIPP/US ( bio ) Rajiv Radia ( bio ) Sid Shenoy...

In today's extended episode, we're featuring a fireside chat between Womble Bond Dickinson partner Carri Bennet and FCC Commissioner Brendan Carr, produced for the Rural Wireless Infrastructure Summit that took place June 26 through 28, 2023 in Park City, Utah. The chat covers several topics including universal service contribution reform, workforce and labor issues, network resilience,...

Our firm has a history of embracing technological advancements to better serve clients and the recent adoption of AI is no different. Our early adoption of AI technology for the benefit of our clients was recently featured in an article in Law360. Read the full article: https://www.law360.com/pulse/articles/1700881

How have tech giants have made a commitment to responsible AI development for a safer future? This episode explores how seven major tech companies are ensuring that artificial intelligence is developed and deployed ethically and addressing potential risks associated with AI technology to create more trustworthy and secure AI systems. Read the full article: https://www.womblebonddickinson.com/us/in...

In our second annual Data Privacy Survey Report, we explore the preparation levels and concerns of over 200 US and UK executives as they navigate a rapidly-evolving landscape of data privacy laws, particularly in the realm of emerging technologies.  The rising usage of biometric data, geolocation, and AI technologies presents both opportunities and challenges. As these technologies become more pre...

On May 18, the Supreme Court made a decision regarding the issue of "fair use" in copyright law. The case involved the Andy Warhol Foundation's commercial licensing of a print based on a photograph of the artist Prince taken by Lynn Goldsmith. The Court focused on the first factor of fair use, which considers the purpose and character of the use, including whether it is commercial i...

In a recent personal injury case, a New York attorney learned a hard lesson about the risks of using "generative" artificial intelligence (AI). The attorney, representing Robert Mata, filed a response to a motion to dismiss which cited several cases in Mata's favor. However, it was soon discovered that none of the cited cases actually existed. Avianca, the opposing party, brought th...

In the wake of a viral AI-generated Drake song titled "Heart on My Sleeve," questions regarding the legal ramifications of such creations have emerged. Vice sought the expertise of Chris Mammen, a Partner at Womble Bond Dickinson with expertise in intellectual property law, music, and artificial intelligence, to provide insights into the legal complexities surrounding the song. Mammen ex...

The U.S. Copyright Office has issued formal guidance on the copyrightability of works created using artificial intelligence (AI) tools. The guidance clarifies that using AI does not automatically disqualify a work from copyright protection, as long as it involves human creativity. However, independent AI creations without human involvement still cannot be copyrighted in the United States. The poli...