United States: Data Protection

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What Do Employers Need To Know About Risk Assessments Under The California Consumer Privacy Act? (Video)
California employers face new compliance obligations under the CCPA requiring detailed risk assessments for routine HR data processing activities. From GPS tracking of fleet drivers to AI-assisted employment decisions, companies must now document and evaluate privacy risks across six specific processing categories. This analysis outlines a seven-step framework to help covered employers navigate these requirements and prepare for the January 2026 effective date.
United States Employment
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Littler Mendelson
Article
Contract Architecture — Core AI Clauses For Vendor Agreements
AI vendor contracts require specialized provisions beyond standard SaaS agreements to address unique risks around data use, model training, and intellectual property. This article examines the essential contractual clauses that protect businesses when engaging AI vendors, from precise definitions of AI services and data categories to ownership rights, confidentiality protections, and AI-specific security safeguards.
United States Technology
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Ward and Smith, P.A.
Article
Pre-Contract Due Diligence And Operational Safeguards For AI Vendor Engagements
Organizations engaging AI vendors must conduct structured due diligence across data inventory, model governance, security programs, and subcontractor ecosystems before negotiating contract terms. This comprehensive pre-contract assessment maps vendor capabilities and risks to inform the specific protections, warranties, and operational controls that should be embedded in AI vendor agreements.
United States Technology
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Ward and Smith, P.A.
Article
Illinois Employers May Expect Significantly Reduced Liability In BIPA Lawsuits
Illinois' Biometric Information Privacy Act has undergone significant changes following the Cothron v. White Castle decision, which initially allowed damages on a per-scan basis and created potential liability in the billions. The recent Seventh Circuit ruling in Clay v. Union Pacific Railroad Co. fundamentally reshapes the damages framework by confirming that the 2024 amendment applies retroactively, limiting recovery to a per-person basis rather than per-scan.
United States Employment
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Masuda, Funai, Eifert & Mitchell, Ltd.
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