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Michael Nguyen is in the firm's Technology Transactions & Privacy Law practice. He assists clients in a variety of transactional matters, including software-as-a-service, on-premises software, professional services procurement, and data privacy matters.

The Consumer Financial Protection Bureau (CFPB) announced that it was issuing a Notice of Proposed Rulemaking regarding Personal Financial Data Rights on October 19, 2023. The proposed rule (Proposed Rule) would implement section 1033 of the Consumer Financial Protection Act of 2010 (CFPA), which gives consumers the right to access their financial data and authorizes third parties to access it on their behalf. Data providers would be required to provide consumers and authorized third parties, upon the consumer’s request, covered data in an electronic and standardized form consistent with industry standards developed by standard-setting bodies recognized by the CFPB. Additionally, the rule would limit authorized third parties’ collection, use, and retention of covered data. Continue Reading CFPB Issues Proposed Open Banking Rule

With all of the hubbub surrounding the growing wave of generative artificial intelligence (AI) lawsuits, a recent court decision involving a generative AI-powered app has received surprisingly little attention, despite addressing issues that will be relevant in other, higher profile AI litigation.

The case, Kyland Young v. NeoCortext, Inc., involved a photo-editing app, called Reface, that uses generative AI technology to allow users to manipulate photos and videos, including to swap faces with celebrities within photos and videos. A celebrity sued, and, in rejecting the app developer’s motion to dismiss, the U.S. District Court for the Central District of California held that the developer’s use of generative AI to superimpose user faces onto celebrity images could violate California’s right of publicity law. While this case is ongoing, Young illustrates the potential liability companies face when developing and using generative AI based on images and videos of celebrities.Continue Reading Reface/Off? Animating the Right of Publicity in the Dawn of Generative AI

Last week, we attended (and one of us presented at) Digital Hollywood’s first ever AI Summit, a one-day virtual conference centered on the profound impact of artificial intelligence (AI) on the entertainment industry. The event shed light on the recent proliferation of generative AI and its transformative effects on content creation, distribution, and consumption.

The speakers discussed the challenges and potential opportunities that AI presents to the industry and what it means for the future of entertainment. Here are the key themes we heard at the summit:Continue Reading Notes From the Field: Digital Hollywood’s AI Summit 2023

Welcome to Today’s Most Disruptive Technologies! We kick things off with a Spotlight on Quantum Computing. Artificial intelligence (AI) may be all the buzz today, but the seismic impact that quantum computing could have on the future of technology far exceeds what any of today’s classical computers could accomplish within our lifetimes. Continue Reading Today’s Most Disruptive Technologies: Spotlight on Quantum Computing