As technology and regulatory frameworks evolve, artificial intelligence (“AI”) legal issues have emerged as a key topic in transactional, litigation, and regulatory compliance contexts. Jones Day partners Laurent De Muyter, Carl Kukkonen, Stefan Schneider, and Emily Tait discuss the European Union’s implementation of a comprehensive framework for governing the flow of data, digital services, and AI, while the United States is still exploring regulation.

A JONES DAY TALKS® Encore Presentation.

Cryptocurrencies and decentralized finance remain under scrutiny from federal agencies and commissions. The acting Comptroller of the Currency has publicly stated that cryptocurrencies and decentralized finance may be evolving into serious threats to the financial system, much like the way certain financial derivatives prompted serious concerns and a near collapse back in 2008.

Clearly, serious regulations are under consideration. Jones Day’s Josh Sterling and Dorothy Giobbe discuss what industry stakeholders need to know.

In mid-2019, a group of corporate employees based in Silicon Valley launched a months-long campaign of online harassment, threats of violence and physical surveillance targeting a middle-aged couple in Massachusetts who ran an online newsletter covering eCommerce. The employees worked for eBay, one of the largest, oldest Silicon Valley companies. The bizarre episode led to a high-profile federal prosecution of seven people in Boston federal court and a major civil suit against current and former eBay executives. Both matters are ongoing.

Jones Day’s Andrew Lelling and Amy Harman Burkart, brought the federal criminal case against the rogue eBay employees, when Lelling was the United States Attorney for the District of Massachusetts and Burkart the Chief of the Cybercrime Unit in that office. In this podcast, these veteran enforcement lawyers explain what companies must do to mitigate the corporate risks posed by employee misconduct, with a focus on management expectations, the importance of internal reporting and communications across teams, and the role executives must play in encouraging compliance through ethical behavior.

Read the full transcript on the Jones Day website.

Cybersecurity threats remain a constant concern for every business and organization, regardless of size, location, or industry. The stakes relating to possible litigation, financial repercussions, and reputational risk, are high.

In this second episode of “A False Sense of Security”, Jones Day Talks‘ series of programs focusing on legal issues that arise in connection with cybersecurity requirements and representations, Jeff Rabkin, Jamila Hall, and Grayson Yeargin discuss the special considerations confronting public sector contractors relative to cyber threats and data breaches. They talk about what can trigger a mandatory disclosure under a public sector contract, consequences and practical considerations regarding disclosures, and False Claims Act decisions concerning cybersecurity issues.

The conversation concludes with a look at President Biden’s May 2021 Executive Order on Improving the Nation’s Cybersecurity.

Read the full transcript on the Jones Day website.

Cybersecurity risk is evolving and expanding. Traditionally, cybersecurity risk has been equated with cyber attacks and associated legal consequences. That risk is undoubtedly real: All internet connected systems remain vulnerable to increasingly sophisticated, persistent threat actors, including nation states and well-funded criminal organizations, who can circumvent even robust defenses to intrude into systems and expose companies to a wide variety of regulatory investigations and litigation. But companies increasingly face cybersecurity legal risk even absent a data breach. Emerging theories of liability – largely arising from inconsistencies between representations companies make about their cybersecurity and their actual cybersecurity posture – are presenting new, substantial civil and potentially criminal legal exposures for companies.

In the first installment of a multi-part JONES DAY TALKS® series, partners Lisa Ropple, Justin Herdman, and Grayson Yeargin discuss today’s rapidly growing and changing cybersecurity requirements, and the potential legal consequences of not meeting those obligations.

Read the full transcript on the Jones Day website.

Cyberattacks, which can result in data breaches and the unauthorized access of a company’s—or its clients’ and customers’—information, are a threat to organizations of nearly any size. Jones Day’s Jeff Rabkin, Jimmy Kitchen, and Rich DeNatale talk about how organizations can prepare so they can respond effectively in the event of a cyberattack.