James Bush

AI, Privilege, and Discovery: What Recent Cases Mean for Users

AI, Data Privacy

Two recent decisions from the Southern District of New York and the Delaware Court of Chancery highlight a growing legal reality: interactions with generative AI tools are not shielded by traditional legal protections. Courts are increasingly recognizing AI chat sessions as third-party communications that are fully discoverable in litigation and, in some cases, powerful evidence […]


James Bush

DHHS Proposes Modifications to HIPAA Security Rule

Health Care

Citing a dramatic increase in large health data breaches, DHHS has issued a notice of proposed rulemaking for modifications to the HIPAA Security Rule to enhance cyber security protections for electronic protected health information (ePHI). Some of the major proposed changes include: new definition for “electronic information system“ new definition for “multi-factor authentication” and adding […]