On Feb. 10, 2026, U.S. District Judge Jed Rakoff of the Southern District of New York issued a bench ruling holding that a defendant’s use of generative AI to analyze legal exposure is not protected under attorney-client privilege or the work product doctrine. See When AI Isn’t Privileged: SDNY Rules Generative AI Documents Not Protected
When AI Isn’t Privileged: SDNY Rules Generative AI Documents Not Protected
On Feb. 10, 2026, the U.S. District Court for the Southern District of New York held that a defendant’s use of generative AI to analyze legal exposure is not protected under attorney-client privilege or the work product doctrine. The decision has important implications as clients and nonlawyers increasingly use generative AI tools to assess legal
NYDFS Issues Guidance on Third-Party Cybersecurity Risk Management: What Regulated Entities Need to Know
Overview
On October 21, 2025, the New York State Department of Financial Services (NYDFS) released comprehensive guidance for registrants regarding management of cybersecurity risks associated with third-party service providers (TPSPs) including cloud computing, file transfer system, AI and fintech solutions.[1] As reliance on external vendors for critical technology services grows, so too do the cyber threats to operations and sensitive customer data. The guidance clarifies regulatory expectations, highlights best practices, and underscores the importance of robust third-party risk management throughout the entire vendor relationship lifecycle. In summary, companies can outsource functions but will still retain responsibility for cybersecurity oversight.
Continue Reading NYDFS Issues Guidance on Third-Party Cybersecurity Risk Management: What Regulated Entities Need to KnowOCR Continues Holding Healthcare Entities Accountable for Protected Health Information Breaches
On Feb. 6, 2024, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) announced a $4.75 million settlement with New York non-profit health system Montefiore Medical Center over alleged malicious insider conduct that caused potential violations of the Health Insurance Portability and Accountability Act (HIPAA) Security Rule. This settlement follows two other recent investigations that led to OCR’s first-ever settlements stemming from ransomware and phishing attacks.
Continue Reading OCR Continues Holding Healthcare Entities Accountable for Protected Health Information Breaches
HHS Issues New HIPAA Guidance on Audio-Only Telehealth Services
During the pandemic, audio-only telehealth was a critical tool to provide care to populations that could not use video during telehealth sessions, due to factors such as lack of financial resources, disability or lack of sufficient broadband coverage.
New HHS guidance outlines steps covered entities should take to ensure that their audio-only telehealth practices are
OCR Seeks Input on “Recognized Security Practices” as Mitigating Factor for HIPAA and HITECH Fines
In 2021, the Health Information Technology for Economic and Clinical Health Act (HITECH) was amended to add “recognized cybersecurity practices” as a mitigating factor when determining fines, audits and remedies against covered entities and business associates for violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The Department of Health and Human
Twitter Fined $150M for Violating FTC Order on Misrepresenting Privacy and Security Practices
On May 25, the Federal Trade Commission announced that it, along with the Department of Justice, fined Twitter $150 million for violating a 2011 agreement with the FTC in which Twitter promised to protect the integrity of nonpublic consumer information, including users’ phone numbers and email addresses.
Read on for details about the alleged violations
Senators Propose Commission on Health Data Use and Privacy Protection to Study Modernizing HIPAA
On Feb. 9, U.S. Senators Bill Cassidy and Tammy Baldwin introduced a bill that would create a Commission on Health Data Use and Privacy Protection to study the potential modernization of HIPAA. Introduction of the bill follows a recent trend of increased attention to data privacy at the federal level, both for covered entities and
Tech Investing Part III: Investing in AI
Investing in artificial intelligence (AI) companies has become a riskier and more involved process than in previous years. Companies need new processes and tools to follow the more stringent AI regulations that are on the horizon (at least in Europe and the United States). Regulators are discussing how best to structure AI regulations in order to align risk management with optimizing the potential value creation of these technologies. Investors should take a similar approach in their investment strategy. Read on for a discussion of the considerations investors should keep in mind as they vet their investment pipeline.
Continue Reading Tech Investing Part III: Investing in AI
FTC Issues Reminder on the Breach Notification Requirements by Health Apps and Other Connected Devices and Their Service Providers
On Sept. 15, the Federal Trade Commission issued a policy statement emphasizing that developers of health apps and other connected devices and their service providers must meet breach notification requirements under the Health Breach Notification Rule, including a rapid 10-day notice period to the FTC and a 60-day notice period to individuals and the media.