On January 16, 2025, the Federal Trade Commission (FTC) issued a Final Rule updating the Children’s Online Privacy Protection (COPPA) Rule, significantly expanding compliance obligations for online services that collect, use,...more
Welcome to the November-December edition of Akin Intelligence. As the end of 2024 approached, the European Union (EU) sustained progress on guidance and supporting materials for its AI Act and international AI Safety...more
2/3/2025
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Centers for Medicare & Medicaid Services (CMS) ,
China ,
Clinical Trials ,
Compliance ,
Department of Homeland Security (DHS) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
GAO ,
New Rules ,
NIST ,
Regulatory Agenda ,
Semiconductors ,
Technology Sector
The California Privacy Protection Agency (CPPA) announced the formal public comment period for its latest proposed rulemaking package, which includes updates to existing regulations and introduces new guidelines for automated...more
1/13/2025
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Insurance Industry ,
Personal Information ,
Privacy Laws ,
Regulatory Requirements ,
Risk Assessment ,
Rulemaking Process
Welcome to the Akin Intelligence September-October recap. Around the one-year anniversary of the AI Executive Order, the White House announced that agencies had carried out their directives. Members of Congress introduced a...more
12/16/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
COPPA ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
EU ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Interim Final Rules (IFR) ,
National Security ,
NIST ,
Notice of Proposed Rulemaking (NOPR) ,
Semiconductors ,
UK
Welcome to the July edition of Akin Intelligence. This month, United States agencies released several key pieces of artificial intelligence (AI) guidance, including patent eligibility guidance from the United States Patent...more
9/3/2024
/ Artificial Intelligence ,
Bias ,
Deceptive Intent ,
Department of Energy (DOE) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
General Services Administration (GSA) ,
HUD ,
Machine Learning ,
NTIA ,
Patent-Eligible Subject Matter ,
Proposed Rules ,
Regulatory Agenda ,
USPTO
Welcome to the June edition of Akin Intelligence. This month, the General Services Administration (GSA) launched its first AI-focused cohort of Presidential Innovation Fellows (PIF), bringing together experts from across the...more
7/15/2024
/ Artificial Intelligence ,
Clinical Trials ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Defense (DOD) ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Services Administration (GSA) ,
Healthcare ,
Innovation ,
Machine Learning ,
Medicare ,
NIST ,
OSTP ,
Political Advertising ,
Transparency
Welcome to the April-May edition of Akin Intelligence. This edition is a double header, covering both months as we prepare for the launch of our new AI Hub—a one-stop resource for AI coverage that will launch soon. Starting...more
6/14/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFTC ,
Department of Homeland Security (DHS) ,
Draft Guidance ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Know Your Customers ,
Machine Learning ,
Memorandum of Understanding ,
National Science Foundation ,
NIST ,
OMB ,
Risk Management ,
UK ,
USPTO
Welcome to the March edition of Akin Intelligence. This month, the EU AI Act was approved by the European Parliament, moving one step closer to becoming the first major AI law. In the U.S., the DOJ brought criminal charges...more
4/10/2024
/ Artificial Intelligence ,
Biden Administration ,
Commercial Litigation ,
Copyright ,
Corporate Governance ,
Cybersecurity ,
Data Privacy ,
Data Security ,
EU ,
Executive Orders ,
Healthcare ,
Innovative Technology ,
Intellectual Property Protection ,
Legislative Agendas ,
Life Sciences ,
Machine Learning ,
National Security ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government ,
Technology Sector ,
UK
Over the last several years, the class action bar has targeted companies in a wave of putative class actions under state “right of publicity” statutes. Although they vary some around the edges, these statutes generally seek...more
Key Points -
Over the last several years, the class action bar has targeted companies in a wave of putative class actions under state “right of publicity” statutes. Although they vary some around the edges, these statutes...more
Key Points -
The en banc 9th Circuit clarified numerous rules applicable to class actions brought under Rule 23(b)(3) of the Federal Rules of Civil Procedure. The court’s watershed decision in Olean Wholesale Grocery v....more
Service contracts allow retailers and manufacturers to offer service plans for consumer products, and sellers and administrators of such contracts are categorically exempted from California’s ARL....more
- The 9th Circuit has held that settlement of a plaintiff’s individual claims moots the appeal of an order denying class certification, unless the settlement agreement specifically preserves the plaintiff’s personal stake in...more
6/18/2020
/ Appeals ,
Article III ,
Class Action ,
Class Certification ,
Class Representatives ,
FRCP 23(f) ,
Litigation Fees & Costs ,
Microsoft v Baker ,
Mootness ,
Putative Class Actions ,
Settlement Agreements ,
Settlement Negotiations
Key Points
- On January 27, 2020, the 11th Circuit held that telephone equipment must randomly or sequentially generate numbers in order to constitute an “automatic telephone dialing system” (ATDS) under the Telephone...more
• In Salcedo v. Hanna, the court found that a single text message sent in alleged violation of the TCPA does not result in concrete injury required by Article III.
• A single text message does not result in the type of...more
Multinational corporations operating in the United States and abroad encounter complex and dispositive legal frameworks that govern not only substantive rights, but also procedural rules that dictate who may assert such...more
6/7/2019
/ Class Action ,
Class Certification ,
Collective Actions ,
Contract Disputes ,
Corporate Counsel ,
EU ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
FRCP 23(b)(3) ,
Injunctions ,
Member State ,
Negligence ,
Notice Requirements ,
Putative Class Actions
• A U.S.-style class action regime looms large in the European Union.
• The current draft legislation imports certain hallmarks of the system celebrated by U.S. plaintiffs’ lawyers, but there is uncertainty over what...more
6/5/2019
/ Class Action ,
Class Certification ,
Collective Actions ,
Collective Redress ,
EU ,
European Parliament ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
Frivolous Lawsuits ,
Injunctions ,
Member State ,
Multinationals ,
Proposed Legislation
• The Supreme Court has once again affirmed that the Federal Arbitration Act (FAA) protects a party’s right to individualized arbitration, and preempts state policy that would force resolution of broader, more complex...more
4/26/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
• In most TCPA cases, a threshold question is whether a called party has provided prior express consent to receive calls (or texts) using an automatic telephone dialing system.
• While numerous courts have ruled that a party...more
9/6/2018
/ Auto-Dialed Calls ,
Contract Terms ,
Corporate Counsel ,
Debt Collection ,
Debt Collectors ,
Dish Network ,
FCC ,
Prior Express Consent ,
Revocation ,
Robocalling ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
• As evidenced by a recent opinion issued in the Northern District of Illinois, district courts continue to wrestle with the applicability of the U.S. Supreme Court’s ruling in Bristol-Myers Squibb Co. v. Superior Court of...more