Compliance Stuff

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS Artificial intelligence tools are rapidly reshaping how ESI is created and stored, particularly with respect to content generated by large language models. As companies adopt generative AI (GenAI) tools for drafting, summarizing, analyzing, and other business uses, courts are grappling with whether GenAI Data such as prompts (what a user types),outputs (what the AI tool generates), and activity logs (data about when and how tools were used) fall within traditional discovery obligations. The details are evolving, but recent court decisions make two things clear: Relevant GenAI Data is discoverable; and Parties must treat it like any other potentially relevant ESI Traditional Discovery Rules Still Govern Non-Traditional Data Under FRCP 26(b)(1), parties may obtain discovery of non-privileged material that is relevant and proportional to the needs of the case. Courts have made clear that new forms of ESI are not exempt simply because they are nove...

We live in a digital world where social media has become the go-to space for companies to connect with consumers. While it may feel like social media is a free and open space for creative marketing, enforcement actions related to social media use—or misuse—are on the rise. Below are common issues and practical steps to help try and avoid being on the receiving end of enforcement efforts. Available Does Not Necessarily Mean Free to Use The culture on social media platforms is to share, repost, and use the current viral tune while doing it. Despite the free flow of information online, it is crucial for brands to understand and respect copyright law. Copyright protects original works of authorship, such as music, images, and videos. Creating a post using copyrighted works without permission may amount to copyright infringement. There has been a rise in copyright owners going after brands using their music or images on social media without permission. In many instances, the song used is t...