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The Data Chronicles
Author: Hogan Lovells
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Welcome to Hogan Lovells’ The Data Chronicles, brought to you by the firm’s global Privacy and Cybersecurity practice. This multimedia series is dedicated to the ever-changing legal and regulatory developments in the world of data, privacy, and cybersecurity. Join us as we unravel and unpack various regulatory frameworks and legal developments around the globe.
The Data Chronicles will provide:
In-depth Insights: Our videos and podcasts feature interviews hosted by Scott Loughlin, co-lead of the Privacy and Cybersecurity practice, with leading privacy, cybersecurity, data and other professionals at the forefront of their fields. We’ll share their insights, experience, and practices related to legal issues that cut across legal disciplines, geographies and regulatory regimes.
Trending Topics: Stay up-to-date with the latest developments in privacy, data protection, cybersecurity, data challenges, and emerging technologies. We analyze the implications of these trends and offer insight useful to you and your organization.
The Data Chronicles will provide:
In-depth Insights: Our videos and podcasts feature interviews hosted by Scott Loughlin, co-lead of the Privacy and Cybersecurity practice, with leading privacy, cybersecurity, data and other professionals at the forefront of their fields. We’ll share their insights, experience, and practices related to legal issues that cut across legal disciplines, geographies and regulatory regimes.
Trending Topics: Stay up-to-date with the latest developments in privacy, data protection, cybersecurity, data challenges, and emerging technologies. We analyze the implications of these trends and offer insight useful to you and your organization.
65 Episodes
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The FTC's new Click-to-Cancel rule is designed to simplify the process for consumers to cancel recurring subscriptions and memberships, requiring B2B and B2C businesses to evaluate their practices, user interfaces, and compliance measures. While the intent is clear, its implications are extensive, and the rule has already been challenged in court.
Scott Loughlin is joined by Harsimar Dhanoa, who specializes in emerging regulations. Together, they explore the impact of the new rule in the broader context of user experience, data protection, and consumer rights, as well as the important role of data protection professionals in navigating these changes.
This episode continues the discussion from the AI Mastery Class, where Scott Loughlin is joined by Donald DePass from the D.C. Privacy and Cybersecurity team and Ana Rumualdo from the Mexico City office.
Together, they examine how ethics influences AI compliance programs, highlighting the need to balance harm prevention with technological progress.
They cover key topics such as product safety, transparency, and user empowerment, while also discussing practical steps organizations can take to effectively incorporate ethical practices into their AI development processes.
Explore the challenges of clinical trial recruitment within the life sciences sector in this episode of The Data Chronicles.
Successful clinical trial recruitment is critically important to any research sponsor, including pharmaceutical and medical device companies and this poses a number of complex FDA and privacy considerations.
Host Scott Loughlin is joined by fellow Hogan Lovells lawyers Robert Church, a partner in the FDA practice, and Melissa Levine, counsel in our Privacy and Cybersecurity practice. Together, they discuss how organizations can navigate the regulatory landscape and address the unique hurdles that arise in attracting and enrolling suitable data subjects for clinical studies.
In this Data Chronicles podcast, host Scott Loughlin is joined by Hogan Lovells colleagues Ryan Thompson and Harsimar Dhanoa to explore the clash between data privacy, regulation of online services, and the First Amendment as spotlighted in a recent Ninth Circuit decision on California’s Age-Appropriate Design Code Act (AADC). This ruling, which found that the AADC’s Data Protection Impact Assessment (DPIAs) requirements likely violate the First Amendment, could impact data protection policy more broadly as policymakers increasingly see DPIAs as a regulatory tool. Listen as they dissect the ruling’s implications for DPIAs and the future of using DPIAs as a component of kids policy.
Data minimization is now a popular data protection requirement for policy makers. Whether it’s in established laws like HIPAA, GDPR or the CCPA, or the emerging state laws, lawmakers increasingly expect that businesses will only collect, use, and retain only the minimum amount of personal data. That’s easier said than done.
While the requirement seems straightforward, it is very difficult to implement or even to know where to start. Matt McClelland, Managing Director & IG Practice Leader at Ankura, joins host Scott Loughlin to explore data minimization strategies, including as part of larger data governance programs. While challenging, learning how to approach data minimization can create lasting value for data-driven businesses' AI and cyber risk management.
The FTC has concerns with user reviews. As consumers explore a vast global marketplace, they increasingly depend on product and service reviews to make informed decisions. There are widespread questions, however, whether these reviews can be manipulated or become misleading, including through non-disclosed paid endorsements and AI-generated fake entries.
To address both the importance of reviews and their integrity, the FTC is introducing new rules, which the FTC believes will enhance transparency and fairness in user reviews. Host Scott Loughlin, along with Hogan Lovells lawyers Lance Murashige and Harsimar Dhanoa, will explore how these regulations will impact ecommerce and create a new regulatory overhang for user reviews. This discussion will provide valuable insights into the impact of these changes on both businesses and consumers.
In this episode, host Scott Loughlin is joined by Commissioner Keith E. Sonderling of the U.S. Equal Employment Opportunity Commission (EEOC). Commissioner Sonderling, a leading voice on the impact of artificial intelligence in employment and human resources, offers insights into how developers and employers can harness AI’s potential while managing the underlying legal risks of using AI to support HR functions. Together, Scott and Commissioner Sonderling explore the intersection of AI and employment, with a particular focus on weighing bias concerns against the promise of AI in transforming the hiring process to match talent with opportunities. This episode is a must-listen for HR professionals, legal teams, and anyone interested in the future of AI in the workplace.
Host Scott Loughlin is joined by Hogan Lovells teammates Aaron Lariviere and Rachel Parrish to examine the evolving landscape of individual privacy rights under U.S. state laws in this episode of The Data Chronicles.
Together, they discuss how differing privacy rights — such as access, deletion, and opt-outs — create compliance challenges for organizations operating under the disparate set of U.S. rules. This discussion provides valuable insights into navigating these intricate state-specific laws and implementing effective strategies for compliance.
Our AI issue spotting podcast series on how AI is being litigated today and where disputes are likely to arise in the future.
In this episode, Scott Loughlin is joined by Hogan Lovells partner Vassi Iliadis, a litigator with a strong background in high-stakes class actions involving cybersecurity breaches, privacy violations, and the legal challenges of AI technologies.
Their discussion provides valuable insights into how AI litigation will evolve from a focus on disputes on what data and IP is ingested into AI technology to later spotlight liability arising from AI outputs and how companies use them in their operations.
Artificial intelligence is not just reshaping our world; it’s also redefining the rules of international trade and export controls.
In this episode, host Scott Loughlin is joined by Hogan Lovells partners Aline Doussin and Stephen Propst to explore how AI is influencing global trade laws and export regulations. Together, they investigate the complexities and emerging challenges of managing AI-enabled products across different jurisdictions, offering insights into navigating the evolving legal landscape.
The dynamic legislative landscape takes center stage in this episode of The Data Chronicles. Across the United States, state legislatures have passed numerous bills relating to privacy, online safety, and data governance, contributing to the complex regulatory environment.
This episode recaps the legislative changes in the first half of 2024, featuring insights from host Scott Loughlin and Harsimar Dhanoa, an associate dedicated to privacy and cybersecurity at Hogan Lovells.
Join them as they discuss the implications of these new laws for businesses and consumers, and what lies ahead in the dynamic intersection of technology, law, and policy.
This episode of The Data Chronicles focuses on insider threats in the hiring process.
Recent reports have highlighted a concerning trend where North Korean nationals seek and sometimes secure jobs in the United States and other Western countries using sophisticated methods to evade sanctions restrictions and potentially steal data. These developments have reignited discussions on how organizations should handle insider threats from sanctioned countries during recruitment.
Joining Scott Loughlin are Dan Ongaro, Hogan Lovells senior associate, and Landon Winkelvoss, co-founder of NISOS, a firm specializing in managed intelligence and digital investigations. Together, they share their insights, dissect the complexities of this issue, and propose strategies to enhance organizational security from insider threats, both foreign and domestic.
In this episode of The Data Chronicles, host Scott Loughlin is joined by Hogan Lovells counsel Dan Whitehead to dive into the evolving realm of cybersecurity regulation in the European Union (EU). Together, they explore the adoption of the Network and Information Security (NIS2) Directive, a cybersecurity framework set to impact a wide range of industries including tech, life sciences, and other critical infrastructure provided both within and outside the EU. The discussion delves into the evolving nature of cybersecurity law, highlighting the implications on security governance, board-level oversight, and incident reporting, along with the GDPR-level fines for non-compliance. Listen as these regulatory changes are dissected and learn about how organizations are looking to comply with these new standards in practice.
In this episode, host Scott Loughlin is joined by Hogan Lovells partners, Joke Bodewits and Nathan Salminen, to unpack the pressing questions surrounding the offensive and defensive use of AI in cybersecurity. Both Joke and Nathan are seasoned cybersecurity lawyers and regular guests of The Data Chronicles, and together they whether AI functions as a cyber weapon, its role in defense strategies, and the new cybersecurity challenges and vulnerabilities it presents.
In this episode of The Data Chronicles, host Scott Loughlin is joined by Hogan Lovells senior associate Dan Ongaro to explore security researchers, in particular, how they differ from threat actors and best practices for handling security researchers effectively. Discussion includes bug bounties and other vulnerability disclosure programs to help organizations remain secure and responsive to legal implications of security researchers such as when researchers cross the line to potential incidents or breaches.
In this episode we discuss how AI is creating new legal issues in the already complex field of digital health. Join host Scott Loughlin and Hogan Lovells partner Melissa Bianchi as they explore the key regulatory frameworks and compliance issues surrounding AI in healthcare in the digital world and how many tech organizations – whether they think of themselves as healthcare companies or not – are now becoming digital health companies in the age of AI.
In this episode we dive into the intricate world of artificial intelligence and commercial contracting. Host Scott Loughlin is joined by Hogan Lovells partner David Toy to explore the nuances of AI in commercial contracting. Dave's expertise in technology, intellectual property, commercial contracting, and outsourcing has seen him negotiate every type of tech deal imaginable, and now it seems like AI is part of each of them. New commercial issues are popping everywhere – from reps to indemnities – with no market standard yet in sight.
Artificial intelligence is not just a futuristic concept; it's a present-day reality that's transforming how we create, share, and protect intellectual property. In this episode host Scott Loughlin is joined by Hogan Lovells counsel, Lauren Cury, to discuss how AI is reshaping the landscape of copyright law. Together they examine both the challenges and opportunities it presents and the strategies companies can employ to stay ahead in this rapidly evolving field.
In this episode of The Data Chronicles, we explore the groundbreaking Colorado AI Act (CAIA), the first cross-sectoral AI governance law in the U.S. Host Scott Loughlin and Hogan Lovells senior associate Sophie Baum explore the implications of this pioneering legislation. Together they discuss the major provisions of the CAIA and highlight developer and deployer obligations, enforcement and rulemaking components of the bill and what companies need to do to prepare when CAIA goes into effect in February 2026.
In this episode of The Data Chronicles, we examine the role of law enforcement in cybersecurity. Host Scott Loughlin leads a discussion with Amit Kachhia-Patel, Assistant Special Agent in Charge (ASAC) overseeing the FBI New York Field Office’s cybersecurity squads, and Pete Marta, partner at Hogan Lovells, as they navigate how companies may leverage the expertise and resources of the FBI in a cyber crisis and explore the evolving landscape of cyber threats globally. Join us as we uncover the collaborative efforts between the private sector and law enforcement needed in combating cybercrime.
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