Alan Chapell

Lawyers need to stop lying to themselves. You are already using AI. No one approved it. There is no policy. Someone needed to get work done. Here’s the part that matters and the part most lawyers don’t want to confront: The second AI touched legal work, responsibility locked in. That’s how professional responsibility works. 👉 American Bar Association (ABA) Formal Opinion 512 is clear: The lawyer is still accountable. Always. Fully. Without exception. And pretending AI “isn’t really in the workflow yet” doesn’t protect anyone. It just guarantees exposure later. 👇 Be honest: Who, by name, is accountable for AI use at your firm right now? #iGovernAI™ 🤓❣️ #GovernBeforeYouAutomate™ #GovernBeforeYouInnovate™ #EEEAIProtocol #ABAEthics #LegalInnovation #LawFirmManagement #RiskManagement #LegalProfession #AIGovernance #LegalEthics #ProfessionalResponsibility #LawLeadership #ArtificialIntelligence

1

New from me in Privacy Daily: Draft regulations to implement the New Jersey Data Protection Act (NJDPA) may exceed the statute, said advertising, tech industry and news media groups in comments to the New Jersey attorney general’s office’s Division of Consumer Affairs. They suggested that New Jersey try to align more closely with other states that have comprehensive privacy laws. Read more here (paywall): https://lnkd.in/g7ie93HN #NJ #NJDPA #privacy #dataprivacy

6

My partner Gregory Pan collaborated with Negosh.com on a multi-hour course for the Smart Licensing Academy, a free resource that breaks down how licensing deals really work - from both sides of the table. Worth a look for anyone navigating IP, partnerships, or brand licensing.

2

Check out my colleague Jordan Francis' analysis on the recently amended Connecticut Data Privacy Act, which includes some interesting new applications to AI: - expanded scope of profiling opt-outs to include ANY automated decision that produces legal or similarly significant effects (previously was "solely" automated decision) - new exemption for collecting and using personal data (such as demographic information) for bias testing - new consumer right to contest profiling decisions - controllers must disclose whether they are collecting, using, or selling personal data for training LLMs

18

Governor Kathy Hochul signed what her administration calls the nation’s first AI bill designed to both protect consumers and increase transparency in the film industry: "The New York bill requires anyone producing or creating an ad to provide a disclosure if it includes AI-generated synthetic performers. A separate but related piece of legislation requires consent from heirs or executors if a person wants to use the name, image, or likeness of an individual for commercial purposes after their death." Read more: https://lnkd.in/eV6JNc54 #news #newsworthy #newyork #AI #artificialintelligence

5

1 Comment

Two major developments signal that Global Privacy Control (GPC) and opt-out preference signals are moving from niche to mainstream: Multi-State Privacy Sweep — The California Privacy Protection Agency joined with the Attorneys General of California, Colorado, and Connecticut to launch an investigative sweep to determine whether businesses are properly honoring GPC opt-out requests. With California’s detailed regulations and upcoming 2026 amendments requiring businesses to display whether they processed signals, expectations for compliance are increasing rapidly. California’s “Opt Me Out Act” — Lawmakers passed AB 566, which, if signed by the Governor, will require major browsers like Chrome, Safari, and Edge to provide consumers with built-in tools to send opt-out signals starting January 1, 2027. This mandate aims to promote the adoption of OOPS and raise consumer awareness. Together, these actions signal a major shift: businesses need to gear up for increased enforcement, while consumers will soon have easier tools to exercise their privacy rights. Read the full article here: https://hubs.li/Q03JxG740 #GPC #OptMeOutAct #CaliforniaPrivacy #OOPS #DataCompliance #ConsumerRights #PrivacyEnforcement

14

2 Comments

Please Be Sure to Comply with the CCPA and Other State Consumer Data Privacy Laws or Pay the Price. #ccpa #dataprivacy #privacylaw #marketinglaw

1

The FTC’s case against Sendit signals heightened scrutiny of “dark pattern” design and youth-focused apps, alleging deceptive subscriptions and COPPA violations. A New Jersey court’s recent refusal to shield TikTok under Section 230 adds to the growing distinction between platform content and platform design. Together, these developments show regulators and courts focusing on how digital products shape user behavior—and where accountability begins. Read more on Socially Aware. https://gag.gl/oseHiW

2

1 Comment

Most states address digital asset regulation through money transmission laws; a growing number of states, though, have transitioned toward specialized digital asset licensing. "Digital asset": a "digital representation of value that is used as a medium of exchange, unit of account, or store of value, and that is not legal tender." https://lnkd.in/eFxpJfds

5

In our latest article, "Fixing the PTAB: 10 Things the USPTO Can Do to Improve the PTAB | IPWatchdog Unleashed", author Gene Quinn wrote, "This week on IPWatchdog Unleashed, I speak with my long-time friend Jim Carmichael, who is a former Administrative Patent Judge and the founder of Carmichael IP. In this extended 75-minute conversation, Carmichael discusses ten ways the USPTO could and should fix the PTAB, from fully reclaiming institution authority to eliminating expert witnesses in post grant proceedings to presuming the existence of a nexus for secondary considerations."

31

5 Comments

Connecticut is trying a more focused approach to AI regulation after two years of failed attempts with a new bill targeting specific concerns 

1

The FTC’s case against Sendit signals heightened scrutiny of “dark pattern” design and youth-focused apps, alleging deceptive subscriptions and COPPA violations. A New Jersey court’s recent refusal to shield TikTok under Section 230 adds to the growing distinction between platform content and platform design. Together, these developments show regulators and courts focusing on how digital products shape user behavior—and where accountability begins. Read more on Socially Aware: https://bit.ly/47dmTaQ

1

The creation of the Consortium to Collaborate on Privacy Issues (including CA, CO, CT, DE, IN, NJ, and OR) is an important development. While AG's offices often collaborate on issues of mutual interest (including common enforcement issues or consolidated challenges to the federal government), a dedicated privacy collaboration reflects both the essential commonality of the privacy laws in these states and the effort to share insights and develop common approaches in a rapidly evolving space. https://lnkd.in/eVUEnJjj

2