2024 Privacy Legislative Roundup
December 11, 2024
by Lizzi Esparza
2024 was a banner year for state privacy legislation. This year saw seven new states pass comprehensive consumer privacy laws, joining the ranks of 12 other states that have previously passed similar laws. While other state laws followed a general pattern with marginal variances in definitions and…
FinCEN Warns Financial Institutions of Fraud Schemes Arising from Deepfake Media Using Generative Artificial Intelligence
November 13, 2024
by Anton L. Janik, Jr.
Today the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) issued an Alert to help financial institutions identify fraud schemes relying in part on the use of deepfake media created through generative artificial intelligence (GenAI). FinCEN specifically notes seeing “an…
What Civil Remedies are Available Under the Defend Trade Secrets Act?
October 30, 2024
by Devin R. Bates
The DTSA supplements the criminal penalties of the EEA (found here)by providing a range of civil remedies for trade secret misappropriation. According to the DTSA, misappropriation includes the unauthorized use or disclosure of a trade secret without consent, when the person involved: Acquired…
Is Theft of Trade Secrets a Crime Under Federal Law?
October 23, 2024
by Devin R. Bates
Is Theft of Trade Secrets a Crime Under Federal Law? Yes. In this installment, we’ll focus on the Economic Espionage Act (EEA) and the Defend Trade Secrets Act (DTSA), as well as the Computer Fraud and Abuse Act (CFAA). Theft of trade secrets is also a crime under state law. Economic Espionage Act…
What is Not a Trade Secret Under Federal Law?
October 16, 2024
by Devin R. Bates
If the secrecy of certain confidential information is compromised, it may lose its status as a trade secret. Courts will not recognize information as a trade secret if it has become generally available, is commonly used within an industry, or has become outdated. While the facts and circumstances…