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Areas of Interest
March 21st, 2022
California Businesses Gain Clarity on Consumer Data Requests
Privacy & Data Security Practice Group Chair Daniel M. Goldberg is quoted in the article, “California Businesses Gain Clarity on Consumer Data Requests” published by Bloomberg Law. The article discusses Attorney General Rob Bonta’s opinion under the California Consumer Privacy Act that consumers have a right to access inferences, regardless of whether those are generated by a company’s data or data from another source. Daniel says, “Many companies were already treating inferences as personal information under the law and responding to consumer requests accordingly.” Adding, “[Attorney General] Bonta’s opinion should convince any holdouts that treating generated inferences differently than acquired personal information isn’t a tenable approach.”
Daniel points out an unclear piece of the opinion, “Still, the opinion doesn’t expressly address whether consumers’ right to delete and right to correct—which will go into effect when amendments to the CCPA become operative on Jan. 1, 2023—extends to inferences as well.” Daniel concludes by saying, “The bigger issue for me is: Where do we go from here?”
Read the full article here. (Behind paywall)
Other Quoted
An Influencer Gained Followers as She Documented Her Weight Loss. Then She Revealed She Was on a GLP-1
Hannah E. Taylor is quoted in The Wall Street Journal about social media influencer Janelle Rohner, who shared her weight loss progression with diet and lifestyle tips, selling a paid course on nutrition. When Ms. Rohner posted she was taking a medication used for weight reduction and diabetes, her critics questioned her the legality of her advertising and e-commerce. The article stated, “Hannah Taylor, deputy managing partner and a partner in the advertising, marketing and public relations group at law firm Frankfurt Kurnit Klein & Selz, said proving an influencer acted fraudulently is a high bar because many jurisdictions require showing that the defendant had an intent to deceive. False advertising is typically easier to prove. Taylor said if someone had purchased the course believing that it led to Rohner’s weight loss, when in fact the medicine was the cause, that could be a material omission that could subject the influencer to false advertising liability.” View article.
May 30 2025
Mubi’s $24M Bet Just Made Agents Bullish Again. Here’s Why
Hayden Goldblatt is quoted in The Ankler article on Mubi’s purchase of Lynne Ramsay's film, “Die, My Love,” and what it meant for the Cannes market. He’s interviewed on “the real lessons from Cannes.” View article. (Behind paywall)
May 27 2025
A Federal Judge Ordered OpenAI to Stop Deleting Data
Daniel M. Goldberg is quoted in an Adweek article, which reported that a federal judge has ordered OpenAI to stop deleting output data from ChatGPT. This was part of The New York Times lawsuit, alleging OpenAI engaged in copyright infringement “by using ‘millions’ of articles published by the newspaper to train its AI model, which now directly competes with the Times’ content as a result.” The judge’s order seeks to preserve evidence in the Times’ case. Mr. Goldberg addressed mulitple implications of the order, which requires OpenAI to hold more data than they normally would. "That could make OpenAI more susceptible to security breaches, or shake the trust of consumers who expected their chatbot records to be deleted. There are also potential implications regarding energy use, storage and environmental impact that the judge may not have considered when making the order, Goldberg said." He also noted the order would trigger people's concerns about what it means for working with large tecnology providers.
May 21 2025