Since the release of ChatGPT 3.5 in November 2022, public interest in artificial intelligence (AI) has surged in a classic example of a hype cycle. As with past technological breakthroughs, companies may be tempted to...more
8/6/2024
/ Advertising ,
Anti-Fraud Provisions ,
Artificial Intelligence ,
Civil Monetary Penalty ,
Corporate Counsel ,
Enforcement Actions ,
False Statements ,
Investment Advisers Act of 1940 ,
Investors ,
Machine Learning ,
Misleading Statements ,
Public Statements ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Technology Sector ,
Training
Recognizing a need for clarity in evaluating patent eligibility under 35 U.S.C. § 101 for critical and emerging technologies, including artificial intelligence (AI) innovations, the U.S. Patent and Trademark Office (USPTO)...more
7/18/2024
/ Alice/Mayo ,
Artificial Intelligence ,
ASIC ,
Financial Statements ,
Guidance Update ,
Intellectual Property Protection ,
Inventions ,
Manual of Patent Examining Procedure (MPEP) ,
Medical Devices ,
Patent-Eligible Subject Matter ,
Radio Frequency Identification (RFID) ,
SSDI ,
USPTO
On Friday, May 17, 2024 Colorado Governor Jared Polis signed SB205 (Consumer Protections for Interactions with Artificial Intelligence) into law with an effective date of February 1, 2026.
Unlike the artificial...more
5/30/2024
/ Algorithms ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Colorado ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement ,
New Legislation ,
NIST ,
Policies and Procedures ,
Public Information ,
Risk Management
With the growing use of artificial intelligence (AI) in financial markets, broker-dealers and investment advisers need to pay attention to the risks posed by AI on firms’ compliance with federal securities laws. While machine...more
11/14/2023
/ Algorithms ,
Artificial Intelligence ,
Broker-Dealer ,
Compliance ,
Conflicts of Interest ,
Data Privacy ,
Discrimination ,
Financial Markets ,
Fraud ,
Investment Adviser ,
Machine Learning ,
Market Manipulation ,
Popular ,
Securities and Exchange Commission (SEC) ,
Software
In our ever-changing technological environment, artificial intelligence (AI) is beginning to exert its influence on numerous sectors, revolutionizing our approach to work. As businesses and organizations worldwide adopt...more
10/12/2023
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Biotechnology ,
Compliance ,
Confidential Information ,
Discrimination ,
Due Diligence ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Insurance Industry ,
Intellectual Property Protection ,
Investors ,
Machine Learning ,
Misrepresentation ,
New Guidance ,
Patents ,
Personal Data ,
Purchase Agreement ,
Risk Management ,
Risk Mitigation ,
Startups ,
Strict Product Liability ,
Transparency ,
Venture Capital
As artificial intelligence (AI) and generative AI (GAI) continue to evolve and become integral to business operations, businesses must be mindful of the risks associated with deploying AI solutions.
Although there is not...more
9/19/2023
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California Privacy Rights Act (CPRA) ,
Compliance ,
EU ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Machine Learning ,
NIST ,
Proposed Regulation ,
Risk Management ,
Shareholders ,
Third-Party Risk ,
Transparency
While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more
In the rapidly evolving world of artificial intelligence (AI), one development stands out for its transformative potential: the rise of generative AI tools. Many major technology companies are building the large language...more
7/18/2023
/ Artificial Intelligence ,
Bias ,
Confidentiality Policies ,
Employment Discrimination ,
General Data Protection Regulation (GDPR) ,
Insurance Industry ,
Intellectual Property Protection ,
Machine Learning ,
Misrepresentation ,
Personal Data ,
Popular ,
Quality Control Plan ,
Risk Management ,
Strict Product Liability
As concerns about Artificial Intelligence (AI) continue to swell worldwide, the European Union (EU) is providing a regulatory roadmap for the international community. On May 11, 2023, the European Parliament’s Committee on...more
6/9/2023
/ Artificial Intelligence ,
Biometric Information ,
Critical Infrastructure Sectors ,
EU ,
European Parliament ,
Law Enforcement ,
New Regulations ,
Non-Discrimination Rules ,
Regulatory Oversight ,
Training ,
Transparency
While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more
On Thursday, March 30, 2023, the National Institute of Standards and Technology (NIST) launched its Trustworthy and Responsible Artificial Intelligence Resource Center (AIRC). This online resource is a one-stop-shop for NIST...more
While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more
As we have covered in prior articles of this series, with supply chain disruptions wreaking havoc on the ability of companies to get their goods and services to market, the terms of a company’s commercial contracts have never...more
While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more
Artificial Intelligence (AI) systems are poised to drastically alter the way businesses and governments operate on a global scale, with significant changes already under way. This technology has manifested itself in multiple...more
8/4/2022
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
China ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Education ,
Department of Health and Human Services (HHS) ,
Dodd-Frank ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Popular ,
Proposed Regulation ,
Rulemaking Process ,
Transparency ,
USDA
While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more
The Federal Trade Commission (FTC) recently published changes to data security requirements for financial institutions by revising the Safeguards Rule (Rule) under the Gramm-Leach-Bliley Act (GLBA). The law is designed to...more
On August 15, 2021, a number of media outlets indicated that T-Mobile was investigating a data breach that may have included the names, date of births, phone numbers, T-Mobile account pins, Social Security numbers, and...more
On April 28, 2021, both houses of the Florida legislature unanimously voted to amend Florida’s Telemarketing Act with CS/SB 1120 (the “Act”). The Act was presented to Florida Governor Ron Desantis on June 28, and approved by...more
7/2/2021
/ Facebook Inc v Duguid ,
Florida ,
New Legislation ,
Penalties ,
Random or Sequential Number Generator ,
SCOTUS ,
TCPA ,
Telemarketing ,
Text Messages ,
Unsolicited Phone Calls ,
Voicemail
What does the new Supreme Court text message ruling mean for your digital health business?
The Supreme Court ruled in favor of Facebook, holding that the Telephone Consumer Protection Act (TCPA) did not apply to Facebook...more
4/6/2021
/ ATDS ,
Auto-Dialed Calls ,
Facebook ,
Facebook Inc v Duguid ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
TCPA ,
Telemedicine
Last year, the COVID-19 pandemic brought about a global market disruption across multiple industries, and manufacturers expect the pandemic to continue to affect the automotive industry through 2021. The pandemic has not...more
4/1/2021
/ Automotive Industry ,
California Consumer Privacy Act (CCPA) ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
EU ,
European Court of Justice (ECJ) ,
General Data Protection Regulation (GDPR) ,
Global Market ,
Incident Response Plans ,
Phishing Scams ,
Popular ,
Remote Working ,
Risk Management ,
Schrems I & Schrems II
One year ago, the automotive industry was swiftly and seriously impacted by the COVID-19 pandemic. This disruption, in addition to the new administration, continues to present a variety of fresh issues.
Foley’s...more
3/10/2021
/ Americans with Disabilities Act (ADA) ,
Automotive Industry ,
Biden Administration ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Mexico ,
NHTSA ,
Patents ,
Safety Standards ,
Supply Chain ,
Trade Wars ,
U.S. Customs ,
United States-Mexico-Canada Agreement (USMCA) ,
Vaccinations ,
Vertical Mergers
During its summer conference this year, Apple announced that later in 2020, it would require application developers to provide in-depth detail regarding their data collection and use practices to give users more information...more
Remote Operations/Work from Home -
One of the most familiar aspects of how Coronavirus (COVID-19) has changed the economy is the widespread application of work-from-home protocols (WFH). WFH has allowed businesses to...more
While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more
9/8/2020
/ Compliance ,
Corporate Counsel ,
Data Breach ,
Good Faith ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Information ,
Personally Identifiable Information ,
Popular ,
Safe Harbors ,
State Data Breach Notification Statutes ,
Substantial Risk of Harm