Summary As many of you know, there has been a surge in privacy litigation across California and the nation, targeting ordinary business practices involving website tracking and video streaming. With statutory damages ranging from $1,000 to $5,000 per violation, these cases can quickly escalate into seven-figure exposures—even for small businesses. This alert identifies some of…
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I Received A Demand Letter, Now What? Initial Steps Businesses Should Take
In uncertain economic climates, it’s common to see a rise in demand letters as businesses experiencing or anticipating financial pressure are motivated to pursue faster, lower-cost mechanisms to resolve disputes. A “demand letter” is a formal written communication from a party (often a vendor, current or former business partner, creditor, or other counterparty) asserting a…
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CONTRACTUAL PROTECTION FOR VENDOR MACHINE LEARNING AND AI TOOLS
As artificial intelligence (AI) and machine learning (ML) become central to modern technology services, vendors increasingly rely on these systems to refine performance and deliver greater value. Yet many customer contracts now restrict or prohibit vendor data use—limiting the very learning that drives product improvement. These provisions can unintentionally compromise a vendor’s intellectual property, scalability,…
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Updating NDAs for the AI Era
Traditional NDAs weren't designed for a world where employees and contractors routinely interact with AI tools for work. When someone inputs confidential information into most AI platforms, that data doesn't necessarily just disappear. It might be used to train future models, stored indefinitely, or accessed by the platform provider. Some platforms explicitly state they don't…
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