“Surveillance pricing” describes the use of formulas, software or AI to set prices dynamically when those systems incorporate personal information (e.g., browsing history, purchase patterns, demographic profiles, device identifiers or inferred willingness to pay) to tailor prices to individual consumers. This practice is distinct from broader “algorithmic pricing,” which relies on market-wide inputs such as
Latest from Password Protected
Could Using Cheaper Chinese AI Lead to Costly Congressional Scrutiny?
U.S. companies using AI models developed by companies based in the People’s Republic of China, including DeepSeek, Moonshot AI or MiniMax, should be aware of potential congressional scrutiny in this Congress and the next. Two House committees are conducting a joint investigation into the national security, cybersecurity and economic security implications of U.S. companies’ adoption
New Frontiers in Spoliation: Preserving AI Records in Litigation
The explosion of generative AI in the workplace has created a new and largely unaddressed category of litigation risk. In May 2025, a federal court in the Southern District of New York ordered OpenAI to preserve and segregate all ChatGPT output log data that would otherwise be destroyed under its default 30-day deletion policy, marking
AI-Assisted Billing Could Create FCA Pitfalls: How Healthcare Companies Can Get Ahead of Risk
Across the healthcare industry, providers are increasingly relying on AI-assisted billing tools to automate medical coding, prior authorization workflows, and the submission of claims to Medicare, Medicaid and other federal payors. The efficiency gains can be substantial, as can the heightened False Claims Act (FCA) exposure these systems can create. As AI continues to develop
GSA AI Procurement Rules Would Introduce New Disclosure and Use-Rights Requirements for Federal Contractors
The General Services Administration Federal Acquisition Service has released draft contract terms and conditions related to AI-related procurements through a new proposed GSAR clause 552.239-7001, “Basic Safeguarding of Artificial Intelligence Systems” (February 2026), that would impose material new requirements on contractors and service providers supplying AI capabilities to the federal government. If adopted, the clause
Protecting Employee Information From Tax Season Phishing Schemes
Overview
As we enter the 2026 tax filing season, organizations face a heightened risk of cyberattacks targeting employee information. Tax season is a busy time for cybercriminals, who ramp up efforts to trick businesses and individuals into sharing personal information. Bad actors can use stolen personally identifying information (“PII”) in a variety of harmful ways,
When AI Isn’t Privileged, Confirmed: SDNY’s Written Opinion Elaborates on Confidentiality, Work Product, and Waiver
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
Data Privacy Day 2026: What Changed on Jan. 1 — And What to Watch Next
Data Privacy Day offers a natural checkpoint to take stock of a fast‑moving legal landscape. As of January 1, 2026, several significant U.S. state privacy laws and regulatory updates are now live, with additional U.S. and global milestones queued up throughout 2026. Below we summarize important changes already in effect and highlight issues to monitor
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