By John Tomaszewski About the Programme: In recent years, privacy and cybersecurity consistently hit the top of legal leaders’ lists of their biggest concerns. In fact, a recent Association of Corporate Counsel Chief Legal Officers Survey found that, when rating a list of items on their importance to the business, CLOs placed cybersecurity, regulation and compliance issues, and data privacy as the top three most critical issues for the business. With that in mind, we are pleased to invite you to this exclusive, small group roundtable to discuss the practical privacy and cyberse ..read more

By Rachel V. See and Annette Tyman Seyfarth Synopsis: On April 29, 2024, the Department of Labor published extensive guidance on the use of artificial intelligence in hiring and employment. While the guidance is addressed to federal contractors, all private-sector employers using or considering using artificial intelligence should pay attention. The guidance makes clear that long-standing nondiscrimination principles fully apply to AI and outlines “Promising Practices” designed to mitigate AI risks in employment, including the risk of unlawful bias from the use of AI. While not a bi ..read more

By Yumna Khan, Jesse M. Coleman, and Brandon L. Bigelow Seyfarth Synopsis: On April 26, 2024, the Federal Trade Commission (“FTC”) announced it had finalized changes to modernize the Health Breach Notification Rule (the “HBNR”) by clarifying its applicability to health and wellness apps and other similar technologies—effectively expanding the information Covered Entities must provide to consumers when notifying them of a breach. Key changes include: Revising the definition of “PHR identifiable health information” to underscore the HBNR’s applicability to health and wellness we ..read more

By Amy Abeloff, Lauren Gregory Leipold, and Owen Wolfe Seyfarth Synopsis: In the wake of several Congressional hearings over the past year on AI and intellectual property, Representative Adam Schiff (D-California) has introduced the Generative AI Copyright Disclosure Act of 2024 (H.R. 7913).  The proposed law addresses concerns over lack of transparency in the data sets used to train generative AI models by requiring submission of a notice to the United States Copyright Office regarding all copyright-protected works used to train a particular AI system prior to the release ..read more

By Matthew J. Gagnon Seyfarth Synopsis: In its seminal decision, Bostock v. Clayton County, Georgia, the Supreme Court held that discrimination on the basis of sexual orientation or gender identity is tantamount to discrimination on the basis of sex. Employers are just beginning to grasp the wide-ranging impact that decision will have on the American workplace. The reasoning of this decision: that to treat an employee differently because of the sex of the person they are married to, for example, is necessarily the same as treating that person differently because of their sex, i ..read more

By Shamim Mohandessi and Michael A. Herbst Seyfarth Synopsis: Last week on April 23, 2024, the FTC adopted a final rule that would effectively ban non-compete agreements in the context of employment relationships when the rule becomes effective on September 4, 2024, absent a stay or injunctive relief.  The rule would render unenforceable a broad array of employment-based non-competition agreements.  It would also require that employers provide notice to workers that certain non-competition agreements already entered into will not be and cannot be enforced.  Not surprisingl ..read more

By Jesse M. Coleman, Daniel P. Hart, and Eron Reid On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers and their workers. The Noncompete Rule is scheduled for publication in the Federal Register on May 7, 2024, giving the rule an Effective Date of September 4, 2024, pending any efforts to block the rule. As anticipated, the Noncompete Rule was immediately met by legal challenges from business intere ..read more

By Stanley Jutkowitz and Susan Ryan  Seyfarth Synopsis: Cannabis would move to Schedule III from Schedule I under this reclassification. In a move long awaited by the cannabis industry, the Drug Enforcement Administration (DEA) has decided to re-schedule cannabis. Currently classified under Schedule I, along with heroin, cannabis would now move to Schedule III, along with ketamine and anabolic steroids. This would not legalize cannabis for adult-use; rules and regulations would still apply, and there would be criminal prosecution of those who deal in cannabis without a lice ..read more

By Puya Partow-Navid The USPTO’s recent guidance on AI usage marks a critical moment for legal practitioners. This document emphasizes the necessity for both technical and human oversight in mitigating the risks associated with AI tools. The agency is committed to leveraging AI’s benefits across society while ensuring that these technologies do not compromise the integrity of legal processes. The guidance clarifies that existing USPTO rules and regulations fully apply to AI-assisted activities. It serves as a reminder of the importance of human oversight and the need for attorn ..read more

Topics covered will include: Regulating employee political speech/conduct inside and outside of work Religious accommodations in the workplace in light of recent Supreme Court rulings. Texas’ new Workplace Violence Prevention Act Speakers Sachin Bhandari, Vice President, Employee Relations & Occupational Health Associate General Counsel – Labor & Employment, Memorial Hermann Health System Daniel Birnbaum, Associate, Seyfarth Shaw LLP Valentina Dassey, Associate Attorney, Baylor College of Medicine  Sam Schwartz-Fenwick, Partner, Seyfarth Shaw LLP Darien Harris, Associate ..read more