On August 21, the National Institute of Standards and Technology (NIST) released the second draft of its revised Digital Identity Guidance, which NIST first published in 2004 and last revised in 2017.
The draft guidance...more
On August 27, Senator Mike Rounds (R-SD) unveiled five AI bills for Congress to consider when its members return from the August recess on September 8.
Three are stand-alone bills that would promote the use of AI in the...more
In the midst of increased focus of federal enforcers and courts on application of antitrust laws to developing technology, the U.S. Department of Justice (DOJ) filed an antitrust lawsuit on Friday accusing RealPage Inc., a...more
On August 14, the FTC announced its much-anticipated final rule banning fake reviews and testimonials.
The final rule prohibits the purchase, sale, and dissemination of fake reviews, incentivized reviews, and certain...more
8/23/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Celebrity Endorsements ,
Disclosure Requirements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Popular ,
Social Media ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
On July 31, 2024, the Senate Commerce Committee advanced 10 AI-related bills for consideration in the full Senate.
The bills touch on nearly every facet of the AI ecosystem, from AI standards and requirements to AI...more
This week, the Antitrust Division of the U.S. Department of Justice (DOJ) reached one of its largest “gun jumping” settlements following allegations that sporting and entertainment events company, Legends Hospitality,...more
8/8/2024
/ Antitrust Division ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Injunctive Relief ,
Negotiations ,
Neither Admit Nor Deny Settlements ,
Penalties ,
Sensitive Personal Information ,
Sports ,
Tunney Act
On Monday, Judge Amit P. Mehta of the United States District Court for the District of Columbia issued a 277-page opinion finding Google liable for monopolizing the general search services and general search text ads markets....more
On July 23, 2024, the leading competition enforcers in the US, EU, and UK released a Joint Statement on Competition in Generative AI Foundation Models and AI products.
The statement outlines risks to competition that are...more
8/5/2024
/ Artificial Intelligence ,
Competition ,
DOJ Strike Force ,
Enforcement ,
EU ,
European Commission ,
Fair Dealing Exception ,
Federal Trade Commission (FTC) ,
Machine Learning ,
UK ,
UK Competition and Markets Authority (CMA)
Exactly two weeks after issuing an interim staff report on Pharmaceutical Benefit Managers (PBMs) pursuant to its Section 6(b) authority to study markets, the Federal Trade Commission (FTC) has initiated another 6(b) study...more
On July 11, 2024, Senators Maria Cantwell (D-WA), Marsha Blackburn (R-TN), and Martin Heinrich (D-NM) introduced the Content Origin Protection and Integrity from Edited and Deepfaked Media Act (COPIED Act)....more
President Biden’s October 2023 Executive Order on AI directed various agencies to take certain actions by June 26, 2024 — 240 days after the EO’s issuance.
The 240-day actions involved steps by agencies to strengthen data...more
On June 24, 2024, six federal agencies — the Department of the Treasury (Treasury), the Federal Reserve System (FRS), the Federal Deposit Insurance Corporation (FDIC), the National Credit Union Administration (NCUA), the...more
7/9/2024
/ Artificial Intelligence ,
Automation Systems ,
Dodd-Frank ,
Machine Learning ,
New Rules ,
Popular ,
Property Valuation ,
Proposed Rules ,
Real Estate Market ,
Rulemaking Process ,
Safeguards Rule
Last week, the Secretary of the Treasury released a final proposed rule to implement the Biden administration’s August 2023 Executive Order on outbound investments.
The proposed rule seeks to “prevent countries of concern...more
7/1/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
CFIUS ,
China ,
Executive Orders ,
Foreign Investment ,
Hong Kong ,
Macau ,
National Security ,
Outbound Transactions ,
Prohibited Transactions ,
Proposed Rules ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
Senators Gary Peters (D-MI) and Thom Tillis (R-NC) introduced the PREPARED for AI Act.
The bill aims to position federal agencies to safely and effectively adopt AI technologies by creating a comprehensive risk-mitigating...more
In early June, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) reached an agreement dividing responsibility over AI oversight. The FTC will oversee competitive concerns relating to major software...more
Last week, a federal judge in North Carolina declined to preliminarily enjoin Novant Health, Inc.’s (“Novant”) acquisition of two hospitals from Community Health Systems, Inc. (“CHS”). The FTC filed suit in federal court and...more
Over ten years ago, individuals and businesses insured by health plans that contract with Sutter Health filed a class action lawsuit against Sutter Health alleging antitrust violations under federal and California laws....more
In May 2024, the Senate Rules and Administration Committee advanced three bills sponsored by Chair Amy Klobuchar (D-MN) on elections and AI out of committee.
These bills include provisions that would prohibit deceptive AI...more
The National Institute of Standards and Technology (NIST) has launched the Assessing Risks and Impacts of AI (ARIA) program, an initiative designed to allow AI developers to submit their models to NIST for risk evaluation and...more
A working group within the Commodity Futures Trading Commission (CFTC) released a report on May 2, 2024, concerning the risks posed by AI adoption in the derivatives market.
The report warns that the adoption of AI tools...more
The Bipartisan Senate AI Working Group, headed by Majority Leader Chuck Schumer (D-NY), Senator Mike Rounds (R-SD), Senator Martin Heinrich (D-NM), and Senator Todd Young (R-IN) released a roadmap for congressional AI policy....more
5/17/2024
/ Artificial Intelligence ,
Civil Rights Act ,
Copyright ,
Innovation ,
Intellectual Property Protection ,
Investment ,
National Security ,
Patent Trial and Appeal Board ,
Research and Development ,
The Copyright Act ,
Transparency ,
Unfair or Deceptive Trade Practices
President Joe Biden’s October 2023 Executive Order on AI directed agencies to institute a significant number of actions on AI. On April 29, 2024, the White House announced that federal agencies had completed “all of the...more
5/10/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Automation Systems ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
General Services Administration (GSA) ,
Healthcare ,
HUD ,
National Security ,
NIST ,
OPM ,
Research and Development ,
Rulemaking Process ,
State Labor Laws ,
Transmission Grid ,
USDA
President Joe Biden’s October 2023 Executive Order on AI directed agencies to institute a significant number of actions on AI. On April 29, 2024, the White House announced that federal agencies had completed “all of the...more
5/3/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Biden Administration ,
Department of Energy (DOE) ,
Department of Labor (DOL) ,
Employment Discrimination ,
Executive Orders ,
Federal Contractors ,
Healthcare ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Labor Standards Enforcement ,
Machine Learning ,
National Security ,
NIST ,
OFCCP ,
Risk Management ,
Subcontractors ,
Transmission Grid
On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S....more
4/26/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
Pursuant to President Biden’s October 2023 executive order on AI, on April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published “Guidance on Use of Artificial Intelligence-Based Tools in...more
4/23/2024
/ Artificial Intelligence ,
Biden Administration ,
Confidential Information ,
Executive Orders ,
Exports ,
Inventions ,
Inventors ,
Licensing Rules ,
Machine Learning ,
New Guidance ,
Patents ,
Policies and Procedures ,
Regulatory Agenda ,
Regulatory Requirements ,
USPTO