Month: December 2021

Recent Changes to NDAs in Employment Contracts and Settlement Agreements

For years, companies have used non-disclosure agreements (“NDAs”) and non-disparagement agreements in employment contracts and settlement agreements. These provisions primarily allow companies to protect sensitive business information, but can also be used to prevent workers from speaking about harassment and discrimination in the workplace. While some victims of workplace discrimination enjoy the assurance of privacy that comes with an NDA,…

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New DC Attorney General Proposal Would Provide More Tools to Fight “Algorithmic Discrimination”

Some employers have hoped that new technologies like machine learning and other forms of artificial intelligence can remove subjectivity—and therefore bias—out of hiring decisions. Unfortunately, the record for these new technologies is poor because they rely on and thereby perpetuate existing discriminatory patterns. While current anti-discrimination laws provide some important protections against algorithmic discrimination, DC Attorney General Karl Racine’s recently…

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False Claims Act: The New (Old) Tool in Pursuing Cybersecurity Fraud

As the world becomes more dependent on technology, there have been more and more cybersecurity attacks that leverage vulnerabilities in technology products. Cyberattacks are becoming more prevalent and have established themselves as key threats across different industries, affecting both public and private sectors. State and non-state actors across the globe will all likely engage in more dangerous cyberattacks in the…

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California Passes the Nation’s First Stealthing Law

Stealthing is a concept that you likely know about, even if you are unfamiliar with the term. It refers to nonconsensual condom removal, a behavior that is alarmingly prevalent. Studies have revealed that 5% of men and nearly 19% of women knew that they experienced stealthing,[1] and nearly 10% of the young men openly admit to it.[2] Rates are likely even higher[3] for at least…

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“The Wild West”: The Need for Cryptocurrency Regulation

As Bitcoin adoption increases – and other cryptocurrencies emerge – the need for industry regulation is becoming increasingly clear. In particular, the growth of stablecoin epitomizes the growing appeal of digital currencies. Stablecoins, issued by stablecoin issuers, are a type of cryptocurrency that is typically pegged to a government-backed currency, such as the U.S. dollar.[1] As a result, unlike Bitcoin –…

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