"If you take this to its natural extension, the FTC is invalidating hundreds and hundreds of years of a common law, of statutes being implemented on this topic," Jason Tremblay, a partner with Saul Ewing, said.
Federal antitrust enforcers are updating the language in document requests to ensure the preservation of messages sent through tools such as Slack, Signal, Google Chat and Microsoft Teams.
"Companies that try to change the rules of the game by re-writing their privacy policy are on notice," Samuel Levine, director of the FTC's Bureau of Consumer Protection, said in a statement Friday.
"If you're a bad guy and you're not using ChatGPT or other LLMs to go and find vulnerabilities, you're probably not doing your job as a bad guy," said Scott Giordano, general counsel of Spirion.
A new Littler Mendelson survey of in-house attorneys and corporate leaders found two-thirds were concerned about the technologies' impact on employee morale and compliance with privacy laws.
"If a company is looking to enforce a contract, it's after the fact. The damage has already been suffered," said David Huberman, general counsel of Code42.
BetterHealth, an online therapy company, did not admit wrongdoing in their settlement. "This industry-standard practice is routinely used by some of the largest health providers," the company said in a statement.
The DOJ alleges that the chairman and former CEO of telehealth provider Ontrak dumped more than $20 million in company stock based on inside knowledge that it was about to lose a contract with Cigna, its largest customer.