The “Confidence Advantage”: Why Privacy, Cybersecurity and AI Governance Are Becoming Business Imperatives
Release Date: 08/20/2026
Consumer Finance Monitor
Artificial intelligence is increasingly changing single‑plaintiff consumer litigation, particularly by enabling pro se plaintiffs to file longer, more citation‑dense complaints more quickly, while simultaneously giving defense counsel tools to assess cases, identify weaknesses, and pursue early resolution or dismissal strategies. In the first episode of this series focusing on consumer financial services litigation, Joseph Schuster and Matthew Morr, partners at Ballard Spahr in our Consumer Financial Services Group, discuss both the tactical opportunities and the professional...
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In the episode of the Consumer Finance Monitor podcast released today, the host of the show, Alan Kaplinsky (founder, former leader for 25 years, and now Senior Counsel of our Consumer Financial Services Group) spoke with James Fallows Tierney, Associate Dean for Academic Affairs and Associate Professor of Law at Chicago-Kent College of Law, about his working paper, “.” Professor Tierney’s research focuses on the intersection of law, financial markets and consumer finance. His study uses financial-market data to examine how investors reacted to developments affecting the...
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The SpaceX IPO generated enormous attention for obvious reasons. It was the largest IPO in history, and the company’s stock price initially surged after trading began. But an important legal development associated with the IPO has received considerably less attention: SpaceX adopted an unusually comprehensive shareholder dispute-resolution regime (the “Regime”) in its bylaws. In our Consumer Finance Monitor podcast released today, our host, Alan Kaplinsky (founder, former leader for 25 years, and now Senior Counsel of our Consumer Financial Services Group) spoke with Professor Mohsen...
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In the Consumer Finance Monitor podcast we are releasing today, Alan Kaplinsky, founder and former chair for 25 years and now Senior Counsel of the Consumer Financial Services Group, spoke with Professor Mark Bartholomew of the University at Buffalo School of Law, co-author with Professor Samuel Becher of “,” a forthcoming article in the William & Mary Law Review. The article explores how autonomous shopping agents could transform consumer commerce and raises fundamental questions concerning consumer autonomy, privacy, competition and consumer protection. The implications for financial...
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The future of the Consumer Financial Protection Bureau (CFPB or Bureau) has rarely been more uncertain. Since its creation, the CFPB has been at the center of intense political and policy debate, with its priorities changing dramatically as administrations change. The events of the past year or so under the leadership of Acting Directors chosen by President Trump, however, have taken that policy whiplash to a new level. In our latest Consumer Finance Monitor podcast released today, Alan Kaplinsky (the founder and former leader for 25 years of the Consumer Financial Services Group at our firm)...
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National bank preemption is headed toward another Supreme Court showdown. The Second Circuit has held that New York’s mortgage escrow-interest requirement is preempted, directly conflicting with the First Circuit’s decision upholding a comparable Rhode Island requirement and the Ninth Circuit’s decision allowing a similar California law to remain in effect. The OCC has sided with the Second Circuit, issuing final preemption regulations concluding that state laws requiring national banks to pay interest on mortgage escrow accounts are preempted. In the latest episode of the Consumer...
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Disclosure has long been one of the principal tools of consumer protection. The basic premise seems straightforward: if consumers are given better information about the terms of a transaction, they should be able to make better-informed decisions. But what if better disclosure works differently for different consumers? And what if a disclosure that improves decision-making overall can, in some circumstances, actually worsen outcomes for financially vulnerable consumers? Those are among the important and provocative questions explored in the latest episode released today of the Consumer Finance...
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In the latest episode of the Consumer Finance Monitor podcast that we are releasing today, we explore a topic that is becoming increasingly important for financial services companies and virtually every other business operating in today’s digital economy: how privacy, cybersecurity, and AI governance can be transformed from compliance obligations into sources of customer confidence, resilience, and competitive advantage. Alan Kaplinsky (founder, founder lease for 25 years and now Senior counsel of our Consumer Financial Services Group) hosts and interviews our guests. Our guests are Amy...
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The CFPB’s June 5, 2026 statement on “” presents creditors with a difficult, and potentially unprecedented, compliance dilemma. The Bureau says that when creditors are required to assess a consumer’s ability to repay, they may, and in some circumstances may be required to, consider information about the consumer’s immigration status if that information bears on the consumer’s current or reasonably expected future income. But how can creditors take immigration status into account without violating federal or state fair-lending laws that prohibit discrimination based on national...
info_outlineIn the latest episode of the Consumer Finance Monitor podcast that we are releasing today, we explore a topic that is becoming increasingly important for financial services companies and virtually every other business operating in today’s digital economy: how privacy, cybersecurity, and AI governance can be transformed from compliance obligations into sources of customer confidence, resilience, and competitive advantage.
Alan Kaplinsky (founder, founder lease for 25 years and now Senior counsel of our Consumer Financial Services Group) hosts and interviews our guests. Our guests are Amy Reeder Worley, managing director at BRG and author of a new book entitled The Confidence Advantage: Optimizing Privacy, Cybersecurity, and AI Governance for Growth, and Greg Szewczyk, chair of Ballard Spahr’s Privacy and Data Security Group. Amy advises senior executives and boards on cybersecurity, privacy, and AI risk, while Greg regularly counsels clients on privacy, cybersecurity, data governance, incident response, and the rapidly evolving legal issues surrounding AI.
Amy’s book is available on Amazon.
Key Topics Include:
· From “trust” to evidence-based confidence; A central concept in Amy’s book is the distinction between trust and confidence. She describes trust as a feeling, while confidence is an evidence-backed belief.
· Breaking down privacy, cybersecurity and AI silos; discussion about the need to move away from treating privacy, cybersecurity, and AI governance as separate disciplines operating in organizational silos.
· “Confidence by design”; Amy describes a framework she calls “confidence by design.”
· The danger of the “FOMO” approach to AI; what Amy describes as the “FOMO” approach to AI: moving as quickly as possible to deploy AI tools and planning to establish governance later.
· Where should companies begin?; For organizations that are just beginning to address these issues, Amy’s advice is surprisingly basic: start by determining what data the company has and where it is located.
· Boards need to know who owns the risk; discussion on the growing role of boards and senior management.
· Governance as a competitive advantage; Perhaps the most important message from the podcast is that good governance should not necessarily be viewed as a cost center.
· A rapidly changing legal landscape; the extraordinary uncertainty surrounding AI regulation.
We encourage our readers and listeners who are interested in these issues to listen to the full episode and to consider reading Amy’s book, The Confidence Advantage: Optimizing Privacy, Cybersecurity, and AI Governance for Growth. It provides a useful framework for thinking about an issue that is quickly moving from the privacy and technology departments into the boardroom.
Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.