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SEC Proposes New Conflicts of Interest Rule for Use of AI by Broker-Dealers and Investment Advisers

The passage of omnibus federal legislation on the use of artificial intelligence (AI) is unlikely in the short term, but individual federal agencies continue to address the implementation of AI within the areas they regulate....more

AI Insights: Copyright Office Provides Guidance on the Registration of Works That Include AI-Generated Material

Copyright Office Provides Guidance on the Registration of Works That Include AI-Generated Material - During a June 2023 webinar, representatives of the Copyright Office provided much needed clarification and guidance on...more

Privacy & Cybersecurity Update - July 2023

In this month’s Privacy & Cybersecurity Update, we examine the newly established data privacy framework between the EU and U.S. and new consumer privacy laws in Oregon and Texas. We also review a court ruling that delayed...more

DOJ Relies on Traditional Statutes To Charge Defendants in Cryptoasset Fraud Cases

Two recent indictments highlight the Department of Justice’s (DOJ’s) continuing use of the traditional wire fraud, money laundering and identity theft statutes to pursue fraud involving digital assets, indicating that law...more

AI Insights: Online Terms of Use and the Training of AI Models

A key building block of artificial intelligence (AI) large language models (LLMs) is that they are trained on vast amounts of content and data. In many cases, this content and data is amassed by running bots or other...more

Ripple Labs : District Court Holds That Direct Digital Token Sales Constituted Investment Contracts Under Howey, but Other...

On July 13, 2023, Judge Torres of the U.S. District Court for the Southern District of New York issued a much-awaited summary judgment decision in SEC v. Ripple Labs, Inc., No. 1:20-cv-10832-AT-SN (S.D.N.Y. July 13, 2023),...more

Privacy & Cybersecurity - June 2023

In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on cyber insurance trends; and...more

How the Supreme Court’s Decision in Jack Daniel’s May Impact Certain AI-Generated Works

Among the various types of AI-generated works that are being created and marketed nowadays are works that replicate the sound or visual images of specific artists. In many cases, these works, or the models or tools that...more

Privacy & Cybersecurity Update - May 2023

In this month’s Privacy & Cybersecurity Update, we review new consumer privacy laws in Tennessee and Indiana, three GDPR rulings by the Court of Justice of the European Union, updates regarding future California Privacy...more

Ruling on Motion To Dismiss Sheds Light on Intellectual Property Issues in Artificial Intelligence

Many of the key intellectual property issues presented by artificial intelligence (AI), ranging from the use of copyrighted material as training data in AI-models to whether AI-generated works can be protected under copyright...more

AI Risk: Evaluating and Managing It Using the NIST Framework

The rapid adoption of artificial intelligence (AI) technology into corporate environments has left many organizations understandably struggling with how to identify, measure and manage the unique risks of these nascent...more

US Copyright Office Guidance on Royalty Eligibility of Musical Works Generated Using AI

As the use of artificial intelligence (AI) to generate new works has expanded rapidly, the U.S. Copyright Office has sought to keep pace by issuing guidance on the application of copyright law to such works. On April 20,...more

Court Ruling Could Affect the Future Direction of DAOs

A March 27, 2023, decision by a California federal court in a putative class action, Sarcuni v. bZx DAO, has brought into focus how courts might construe the legal existence of decentralized autonomous organizations (DAOs)....more

Privacy & Cybersecurity Update - March 2023

In this month’s Privacy & Cybersecurity Update, we examine Iowa’s new data privacy law (the sixth state to enact a privacy law), the Biden administration’s new national cybersecurity strategy, the U.K. government’s revised...more

Copyright Office Issues Guidance on AI-Generated Works, Stressing Human Authorship Requirement

The expanding use of artificial intelligence (AI) programs to create content has, not surprisingly, resulted in attempts to register copyrights in AI-generated works. The Copyright Office has formally rejected two such...more

NYAG Files Action Against Crypto Trading Platform, Takes Position That ETH Is a Security

On March 9, 2023, the New York State Attorney General’s Office (NYAG) filed a lawsuit charging crypto trading platform KuCoin for “failing to register as a securities and commodities broker-dealer and falsely representing...more

Suit Alleging NBA ‘Top Shot’ NFTs Were Securities Survives Motion To Dismiss

On February 22, 2023, Judge Victor Marrero of the U.S. District Court for the Southern District of New York issued an order in Friel v. Dapper Labs, Inc., denying Dapper Labs and its CEO’s motion to dismiss a putative...more

Jury Finds That ‘MetaBirkin’ NFTs Infringed Hèrmes’ Trademark Rights

At the heart of what is considered the first NFT trademark trial were two competing arguments: Were the artist Mason Rothschild’s creation of “MetaBirkin” NFTs — digital images of blurry faux fur-covered handbags inspired by...more

Digital Asset Insider Trading Case Could Provide Sought-After Guidance to Industry

On February 7, 2023, Ishan Wahi (Ishan), a former Coinbase product manager, pled guilty to wire fraud charges in an indictment in the U.S. District Court for the Southern District of New York (SDNY)....more

Recent Actions by the Fed Show Its Continued Cautious Approach to Cryptoasset Activities by Supervised Institutions

In the past year, the Board of Governors of the Federal Reserve System (the Board) Biden administration officials, and other U.S. banking regulators have repeatedly voiced growing concerns about certain cryptoasset...more

The Nice Classification Adds Language Related to NFTs, the Metaverse and Crypto Assets

Over the last few years, there has been increasing debate surrounding the appropriate trademark classification for digital assets. The most recent edition of the Nice Classification (the 12th Edition), which took effect on...more

Privacy & Cybersecurity Update - January 2023

In this month’s Privacy & Cybersecurity Update, we analyze recent fines against Meta and their impact on the future of behavioral advertising, the timeline for the California Privacy Rights Act’s regulations to become...more

US Regulators Express Concern About Banks’ Exposure to Cryptoasset Risks

On January 3, 2023, the Board of Governors of the Federal Reserve System (Federal Reserve), the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC) issued a Joint Statement on...more

Privacy & Cybersecurity Update - December 2022

In this month’s Privacy & Cybersecurity Update, we examine the European Commission’s draft adequacy decision on the EU-U.S. Data Privacy Framework, as well as guidance from the U.K. Information Commissioner’s Office on...more

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