Dan Rabinowitz

VERMONT Privacy Bill Veto Governor Scott has vetoed H.121 over concerns regarding the bill’s limited private right of action and the overall impact of the bill on the state’s businesses. The legislature is set to meet next week to debate the several vetoes the governor has issued. At this point, the early indications are that a veto override is likely in the House, but its prospects in the Senate are uncertain. As you may recall, H.121 underwent some back-and-forth amendments between the House and Senate and passed both chambers on the final day of the session. Last-minute deals included a limited private right of action (PRA) that becomes effective 1/1/27 and is repealed 1/1/29 to force legislative action. The PRA is the existing one in Vermont’s Consumer Protection chapter and is solely related to sensitive information and protected health care information violations committed by data brokers and large data holders with more than 100.000 customers in Vermont. This timeframe also creates the opportunity to revisit this issue prior to going into effect. Another notable change was a narrow entity level exemption for HIPAA covered entities. House 121 contains a new Vermont Data Privacy Act that will govern the scope of nonpublic personal information collected by various entities, the use of that information consistent with permitted purposes, use beyond those permitted purposes absent consumer permission, and enforcement measures. The Act contains numerous exemptions for information and use subject to privacy laws and regulations contained in federal or State law, including entity and data level exemptions for insurers and financial institutions.

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In this article of the biweekly series, "Five Compliance Best Practices Every Multinational Company Should Consider for," my Foley colleagues provide best practices for setting up an international compliance infrastructure. Click below to read more. #Compliance #BestPractices #Manufacturing

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Great articles from Doug Austin from eDiscovery Today and Robert Ambrogi on "Legal Ethics Opinion Cautions Lawyers: You ‘Must Be Proficient’ In the Use of Generative AI,"!! https://lnkd.in/gFuevyXb, https://lnkd.in/g3ePv4FK. The "Joint Formal Opinion 2024-200" by the Pennsylvania Bar Association and the Philadelphia Bar Association addresses the transformative impact of AI on legal practice. The opinion provides ethical guidelines, emphasizing the need for competence in AI use, verification of AI-generated content, safeguarding client information, and transparent communication with clients. Courts are implementing policies requiring disclosure of AI use, and lawyers are being sanctioned for misuse. Various state bar associations have issued similar guidelines, underscoring the need for careful management of AI's risks and benefits. As the opinion states, "Lawyers must ensure that AI-generated content, such as legal documents or advice, is truthful, accurate, and based on sound legal reasoning." https://lnkd.in/ghawaKbB. (AI)exciting times ahead!

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I am looking forward to talking about trade secrets on this panel October 10 with Mary Guzman of Crown Jewel® Insurance. #tradesecretlaw #tradesecrets #intellectualproperty

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