The past year set up a clear clash between federal deregulatory efforts and state-level AI rulemaking, and 2026 is poised to be the year that conflict materializes in earnest. The Trump Administration signaled a strong...more
1/19/2026
/ Artificial Intelligence ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
New Legislation ,
Preemption ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government ,
Trump Administration
A recent executive order (EO) launches the “Genesis Mission,” a national AI initiative the White House likens to the Manhattan Project in scale and ambition, aimed at unifying federal supercomputing, data, and research assets...more
12/15/2025
/ Artificial Intelligence ,
Cybersecurity ,
Data Management ,
Data Privacy ,
Data Security ,
Department of Energy (DOE) ,
Executive Orders ,
Government Agencies ,
Innovation ,
Machine Learning ,
Research and Development ,
Risk Management
On October 13, 2025, California Governor Gavin Newsom vetoed S.B. 7, which would have required human oversight in certain types of employment decisions made solely by automated decision systems (“ADS”). If Gov. Newsom signed...more
The Regulatory and Enforcement Landscape. Colorado Attorney General Phil Weiser participated in a Fireside Chat with Greg Szewczyk, the Chair of Ballard Spahr’s Privacy and Data Security Group. They discussed significant...more
The Food and Drug Administration (FDA) issued final guidance Monday that explains how medical device manufacturers can use a Predetermined Change Control Plan (PCCP) to update AI-enabled device software functions (AI-DSFs)...more
8/22/2025
/ 510(k) RTA ,
Artificial Intelligence ,
Cybersecurity ,
Digital Health ,
Final Guidance ,
Food and Drug Administration (FDA) ,
Healthcare ,
Life Sciences ,
Machine Learning ,
Manufacturers ,
Marketing Authorization Application ,
Medical Devices ,
Pharmaceutical Industry ,
Premarket Approval Applications ,
Regulatory Oversight ,
Regulatory Requirements ,
Software
The federal government recently unveiled America’s AI Action Plan (the Plan), a sweeping policy roadmap aimed at clearing away regulatory barriers, supercharging U.S. investment in infrastructure and talent surrounding AI,...more
8/11/2025
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
Colorado ,
Employment Discrimination ,
Federal v State Law Application ,
Hiring & Firing ,
Illinois ,
New Legislation ,
Regulatory Requirements ,
State Labor Laws ,
Texas
On June 4, 2025, the Digital Advertising Alliance (“DAA”), the self-regulatory body that sets and enforces privacy standards for digital advertising, announced it is launching a process to determine if it is necessary to...more
As part of a new enforcement initiative called “Operation AI Comply,” the FTC recently announced that it has brought the following five enforcement actions against businesses that use or sell AI tools in a manner that the FTC...more
This episode is part of our Cyber Adviser series, where we discuss emerging issues in the world of privacy and data security.
Today, we’re joined by Paolo Sbuttoni, a partner at Foot Anstey with years of experience...more
The California Privacy Protection Agency (“CPPA”) discussed at its July 16 meeting new enforcement focuses in addition to current goals. While the new focuses are largely in line with general trends, they also serve as a...more
Colorado has become the first state to pass legislation (SB24-205) regulating the use of artificial intelligence (AI) within the United States. This legislation is designed to address the influence and implications,...more
5/14/2024
/ Algorithms ,
Anti-Fraud Provisions ,
Artificial Intelligence ,
Bias ,
Colorado ,
Data Protection ,
Disclosure Requirements ,
Machine Learning ,
New Legislation ,
Non-Discrimination Rules ,
Personal Data ,
Regulatory Reform
In a regulatory filing, Reddit announced that the FTC is probing Reddit’s proposal to sell, license and share user-generated content with third parties to train artificial intelligence (AI) models. This move underscores the...more
The UN General Assembly has adopted a landmark resolution focusing on the safe, secure, and trustworthy use of Artificial Intelligence (AI). This resolution, led by the United States and supported by over 120 Member States,...more
3/28/2024
/ Algorithms ,
Artificial Intelligence ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Data Transfers ,
Machine Learning ,
Member State ,
Personal Data ,
Risk Management ,
United Nations
The FTC published guidance warning companies that “[i]t may be unfair or deceptive for a company to adopt more permissive data practices—for example, to start sharing consumers’ data with third parties or using that data for...more
This episode is part of our Cyber Adviser series, where we discuss emerging issues in the world of privacy and data security.
The privacy and cybersecurity landscape is evolving in the financial sector, from more specific...more
On November 14, 2023, the Colorado Division of Insurance’s AI insurance regulations went into effect. Colorado is now the first state in the nation to adopt regulations specifically aimed at insurance algorithms....more
On November 21, the Federal Trade Commission (“FTC”) approved in a 3-0 vote a resolution authorizing the use of compulsory process in nonpublic investigations involving products and services that involve or claim to involve...more
11/29/2023
/ Algorithms ,
Artificial Intelligence ,
Civil Investigation Demand ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Federal Trade Commission (FTC) ,
Innovative Technology ,
Investigations ,
Machine Learning ,
Regulatory Authority ,
Regulatory Oversight
On November 27, 2023, the California Privacy Protection Agency (CPPA) published proposed Automated Decision-Making Rules to be discussed by the CCPA board at its upcoming meeting on December 8, 2023. While the proposed rules...more
The California Privacy Protection Agency (CPPA) recently published two new sets of draft regulations addressing a range of cutting-edge data protection issues. Although the CPPA has not officially started the formal...more
9/8/2023
/ Algorithms ,
Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Financial Products ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Draft Guidance ,
Financial Services Industry ,
Machine Learning ,
Personal Information ,
Regulatory Agenda ,
Risk Assessment
The California Privacy Protection Agency (CPPA) recently published two new sets of draft regulations addressing a range of cutting-edge data protection issues. Although the Agency has not officially started the formal...more
9/6/2023
/ Algorithms ,
Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Financial Products ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Draft Guidance ,
Machine Learning ,
Personal Information ,
Regulatory Agenda ,
Risk Assessment
Following recent Senate testimony in which OpenAI CEO Sam Altman proposed additional Congressional oversight for the development of artificial intelligence (AI), Colorado Senator Michael Bennet has re-introduced the Digital...more
The emergence of tools like ChatGPT has demonstrated the tremendous business potential for artificial intelligence. At the same time, businesses need to be aware of the growing patchwork of laws and regulations in the U.S....more
The AI application ChatGPT quickly became a household name, but already is morphing into a more advanced version of generative AI. At the same time, Microsoft’s redesigned Bing search engine will soon run on a new,...more