Technology Law Blog, IT Law & Articles | Foster Swift

How Businesses Are Reacting After United States of America v. Bradley Heppner

Taylor A. Gast, Lindsey M. Mead — Mon, 01 Jun 2026 09:00:01 -0400

After the United States of America v. Bradley Heppner decision in February of this year, businesses have been forced to reconsider their use of generative artificial intelligence (“AI”) in the workplace. Though the Heppner case before the United States District Court of the Southern District of New York (the “Court”) was in a criminal law context, the Court’s decision has created uncertainty regarding confidentiality and privilege expectations in a corporate setting, as well. For a deeper dive into the Heppner case, please see our previous article summarizing the case ...

AI-Generated Documents and Privilege: Why Public GenAI Use May Waive the Attorney-Client Privilege and Work Product Doctrine

Taylor A. Gast, Lindsey M. Mead — Thu, 16 Apr 2026 09:00:02 -0400

What is the background on the Heppner decision?

On February 17, 2026, in the case of United States of America v. Bradley Heppner, No. 25 CR. 503 (JSR), 2026 WL 436479 (S.D.N.Y. Feb. 17, 2026), the United States District Court for the Southern District of New York (the “Court”) held that documents generated by the defendant with generative artificial intelligence (“AI”) through a publicly-available AI platform were not protected by the attorney-client privilege or work product doctrine.

Whether, when an end-user prompts and communicates with a publicly available AI tool or ...

New DIFS Bulletin Regard Use of AI by Financial Service Providers

Taylor A. Gast, Lindsey M. Mead — Fri, 20 Mar 2026 09:00:03 -0400

Introduction

The State of Michigan’s Department of Insurance and Financial Services (“DIFS”) has issued Bulletin 2026-03-BT/CF/CU, titled Use of Artificial Intelligence Systems by Financial Service Providers (the “Bulletin”).

The 10-page Bulletin reminds financial service providers regulated by DIFS that if analytical and computational technologies, including artificial intelligence (“AI”) systems, are used to make decisions that may impact consumers, such actions must comply with all applicable laws, rules, and regulations. Among other topics, the ...

State Privacy Laws Taking Effect in 2026

Taylor A. Gast, Lindsey M. Mead — Fri, 23 Jan 2026 09:00:04 -0500

Though there remains no comprehensive nationwide, federal privacy law on the books, several states in the U.S. have passed their own privacy statues to fill in the gap. As of 2025, at least 17 states have enacted some form of general consumer privacy laws. These states include: (1) California; (2) Colorado; (3) Connecticut; (4) Delaware; (5) Florida; (6) Iowa; (7) Maryland; (8) Minnesota; (9) Montana; (10) Nebraska; (11) New Hampshire; (12) New Jersey; (13) Oregon; (14) Tennessee; (15) Texas; (16) Utah; and (17) Virginia.

At the start of the new year, three other states join the list as ...

Legal Update: The Implications of the Cybersecurity Information Sharing Act of 2015 Expiring

Taylor A. Gast, Lindsey M. Mead — Wed, 01 Oct 2025 09:00:05 -0400

The Cybersecurity Information Sharing Act of 2015 (“CISA”) expired yesterday on September 30, 2025.

Though Congress discussed renewing the statute prior to its expiration, CISA was not officially reauthorized by the federal government.

CISA was designed to encourage private organizations to share cybersecurity information with other private sector entities and the federal government through the Department of Homeland Security, aiming to strengthen overall monitoring capabilities and bolster collective defense against cyber threats. In particular, the statute ...

White House Unveils Sweeping AI Strategy, “America’s AI Action Plan”

Taylor A. Gast, Lindsey M. Mead — Tue, 29 Jul 2025 09:00:06 -0400

Following Executive Order 14179 from January 23, 2025 titled Removing Barriers to American Leadership in Artificial Intelligence, President Donald Trump’s administration has unveiled its awaited artificial intelligence (“AI”) roadmap to cement the United States as a front runner in the “race to achieve global dominance in [AI]”.

The plan, titled American’s AI Action Plan (the “Plan”), is a 28-page document that outlines more than 90 federal policy actions under three strategic pillars: (1) accelerating innovation; (2) building American AI ...

A New Executive Order Has Been Issued on Artificial Intelligence

Taylor A. Gast, Lindsey M. Mead — Tue, 11 Feb 2025 09:00:07 -0500

On January 20, 2025, President Donald Trump revoked former President Joe Biden’s executive order related to the utilization of artificial intelligence (“AI”).

What is a Deepfake and How Might it Impact Your Business?

Taylor A. Gast, Lindsey M. Mead — Tue, 29 Oct 2024 09:00:08 -0400

With the rise of generative artificial intelligence (AI) and its various synthetic media outputs, deepfakes are just one of many new risks to businesses. Deepfakes pose considerable threats to companies, potentially damaging reputation, trust, and financial stability through malicious impersonation and manipulation of digital content.

Implications of FTC’s Final “Click-to-Cancel” Rule: Simplifying Consumer Cancellations

Joel C. Farrar, Taylor A. Gast, Lindsey M. Mead — Thu, 17 Oct 2024 09:00:09 -0400

Yesterday, on October 16, the Federal Trade Commission (“FTC”) issued final amendments to the “Rule Concerning Recurring Subscriptions and Other Negative Option Programs”, also referred to as the “Click-to-Cancel” Rule (the “Rule”). See the following link from the FTC’s website for more information: Federal Trade Commission Announces Final “Click-to-Cancel” Rule Making It Easier for Consumers to End Recurring Subscriptions and Memberships | Federal Trade Commission (ftc.gov).

DOL Echoes Employee Benefits and Cybersecurity Best Practices

Amanda J. Dernovshek, Taylor A. Gast, Mindi M. Johnson — Wed, 02 Oct 2024 09:00:10 -0400

On April 14, 2021, the U.S. Department of Labor’s (“DOL”) Employee Benefits Security Administration (“EBSA”) issued its first cybersecurity best practices guidance for retirement plans. The EBSA guidance was highly anticipated as the frequency and cost of data breaches affecting employee benefit plans continues to rise.

AI Legal Issues That Can Impact Your Business

Taylor A. Gast, Lindsey M. Mead — Wed, 20 Mar 2024 09:00:11 -0400

Many businesses are using Artificial Intelligence (AI) tools in a variety of innovative ways to improve productivity and to save time and money. According to a 2023 Forbes article (forbes.com/advisor/business/software/ai-in-business/), 1 in 3 businesses plan to use ChatGPT to write their website content while 97% of business owners believe it will help their business.

Risks Make AI Workplace Policies a Requirement

Taylor A. Gast — Tue, 29 Aug 2023 09:00:12 -0400

Artificial intelligence (AI) is fast becoming an integral element in the operation of virtually every business and organization.

Legal Insights Into Businesses Using AI

Taylor A. Gast — Mon, 07 Aug 2023 09:00:13 -0400

The AI Revolution is here! Startups across our region are using AI tools in innovative new ways. But could there be legal pitfalls you haven’t considered?

Cybersecurity Month Serves as Reminder to Take Proactive Steps

Taylor A. Gast — Mon, 24 Oct 2022 09:00:14 -0400

Whether you are the CEO of a big corporation working in the office six days a week or an analyst working remotely from home entering data, everyone is at risk of a cyber-attack. Despite the fact that all organizations, regardless of size, are at risk, few have preventative measures in place, or have even planned for how they would respond in the event of an attack.

Michigan Launches “Afflicted Business” Grant Program

Taylor A. Gast — Thu, 24 Feb 2022 09:00:15 -0500

Nearly two years after the start of the COVID-19 pandemic, the state of Michigan is continuing to design new programs to help support Michigan businesses that were negatively impacted by the pandemic and resulting economic shutdowns. Beginning March 1, 2022, Michigan will distribute up to $409 million under the new Afflicted Business Relief (ABR) grant program. Eligible businesses can apply beginning March 1, 2022 through March 31, 2022. Grants are not first-come, first-serve, but instead may be prorated depending on the number of eligible businesses that apply.

Cybersecurity Impact on Small Businesses in Wake of Colonial Pipeline

Taylor A. Gast — Wed, 08 Sep 2021 09:00:16 -0400

In the wake of the Colonial Pipeline ransomware attack, cyber attacks such as ransomware and phishing continue to be a major threat for all businesses, large or small. Even with precautions in place, it is not a matter of "if" but "when" a business will experience an attack. In the case of Colonial Pipeline, the hackers not only demanded and received millions from Colonial Pipeline in May 2021, but the resulting ransomware attack forced the company into a fuel distribution shutdown, making headlines across the country and causing gas shortages on the east coast. The attack also compromised thousands of individuals' personal information.

Department of Labor Releases Employee Benefits and Cybersecurity Best Practices

Amanda J. Dernovshek, Taylor A. Gast — Fri, 23 Apr 2021 09:00:17 -0400

On April 14, 2021, the U.S. Department of Labor’s (“DOL’s”) Employee Benefits Security Administration (“EBSA”) issued its first cybersecurity best practices guidance for retirement plans. The EBSA guidance has been highly anticipated as the frequency and cost of data breaches affecting employee benefit plans continues to rise. The EBSA guidance focuses on actions that plan sponsors, plan fiduciaries, record-keepers, and plan participants can take.

Maryland’s Digital Ad Tax: The Next Frontier in State and Local Taxation

Taylor A. Gast — Mon, 22 Feb 2021 09:00:18 -0500

On Friday February 12, the Maryland State Senate voted to override Maryland’s governor to pass a bill creating a tax on annual gross revenues derived from digital advertising services in Maryland. Maryland’s digital advertising tax is the first of its kind in the United States.

Minimizing Cybersecurity Risks for Remote Workers

Taylor A. Gast, Robert A. Hamor — Tue, 15 Dec 2020 09:00:19 -0500

With more employees working remotely for the foreseeable future, a resulting increase in spoofing and other hacking attempts is becoming a very common and real threat. It is imperative for a business to have the proper protection policies and procedures in place.

In the following video, moderated by Patricia Scott, attorneys Taylor Gast and Robert Hamor discuss ways to minimize risk and avoid disaster as more employees work remotely. This video touches on the recent rise in computer hacking attempts, along with a discussion on strategies to protect businesses and employees.

Click the thumbnail below to view the full video.

This video is for general information purposes only and IS NOT LEGAL ADVICE. If you seek legal counsel or need help in determining how this information applies to a specific situation, contact a Foster Swift business & tax law attorney before taking any action.

The Impact of PPP Loans on Mergers & Acquisitions

Taylor A. Gast, Michael C. Zahrt — Tue, 03 Nov 2020 09:00:20 -0500

With the addition of new rules from the SBA (Small Business Administration), business & tax law attorneys Taylor Gast and Mike Zahrt discuss these updates regarding the impact of PPP Loans on Mergers & Acquisitions activity.