Over two years since the GDPR came into force, the full extent of its impact is still developing at pace.  In this post, we look back at the 2020 European data protection landscape and five trends that help companies understand not only where we are, but where data protection enforcement, litigation, and practice may be headed. 1. Enforcement against a…

Introduction For those following emerging artificial intelligence (“AI”) regulations and enforcement closely, one issue of great interest is remedies. In particular: in what circumstances, if any, would regulators or courts find that a flawed machine learning or AI model must be scrapped entirely? A hot-off-the-press decision from the U.S. Federal Trade Commission (the “FTC”) suggests regulators will not shy away…

On January 6, 2021, Avi Gesser and Anna Gressel from Debevoise’s Data Strategy and Security Group and Keith Slattery from Debevoise’s Insurance Group has an insightful conversation with Stefan Toi from Aon Cyber Solutions and Marcello Antonucci from Beazley on cyber insurance coverage and the gaps it may leave for the unique risks posed by artificial intelligence. During the webcast,…

On January 12, Judge James Boasberg of the U.S. District Court for the District of Columbia granted plaintiff Guo Wengui’s motion to compel production of a report (the “Report”)—and related materials—prepared by forensic vendor Duff & Phelps in Guo’s lawsuit against the law firm that formerly represented him, Clark Hill, PLC (the “Firm”).  See Wengui v. Clark Hill, PLC, No.…

Regulators in the United States and abroad are showing increasing interest in pursuing enforcement actions against companies that deploy artificial intelligence, machine learning, or algorithmic-based applications (“AI”) in a way that the regulators perceive as harmful to the public. These regulators expect transparent and comprehensive disclosures by companies regarding AI that can negatively affect clients or customers. The United States…