News & Analysis as of

Algorithms

Is Algorithmic Transparency the Next Regulatory Frontier in Data Privacy?

by Shipman & Goodwin LLP on

On November 29, 2017, the House of Representatives Energy and Commerce subcommittee on Digital Commerce and Consumer Protection held a hearing on the use of computer algorithms and their impact on consumers. This was the...more

Technology in the Property Industry

by Hogan Lovells on

Hogan Lovells hosted the Reading Real Estate Foundation Breakfast Forum (RREF*) on 17 November 2017. This year’s topic was: Technology in the Property Industry and provided digital food for thought from three key areas....more

Building a Health App? Part 4: Avoiding an FTC Enforcement Action

The market for apps designed to improve health and wellness or even to diagnose and treat medical conditions continues to grow. Last week, the U.S. Food and Drug Administration (“FDA”) approved a new smartphone-based “carbon...more

When 2017 Becomes 1984: Facial Recognition Technologies - Face a Growing Legal Landscape

by Patrick Law Group, LLC on

Recently, Stanford University professor and researcher Michal Kosinski caused a stir of epic proportions and conjured up visions of George Orwell’s 1984 in the artificial intelligence (AI) community. Kosinski posited that...more

Did Data Scraping Just Get A Tiny Bit Safer?

by Dickinson Wright on

Is it okay to scrape data from another website? This is a frequently asked question that almost always leads to an ambiguous and equivocal answer. Legal practitioners are quick to point out the risks of civil and criminal...more

Striking A Balance: Managing The Workplace With Data-Driven Solutions

by Jackson Lewis P.C. on

Most of us encounter the use of analytics in our everyday lives and give little thought to its use. Have you ever applied for a credit card or loan and were asked to provide a list of your outstanding financial obligations?...more

NYDFS Makes Inquiry into Life Insurers’ Use of Algorithmic Underwriting

On June 29, 2017, the New York Department of Financial Services (NYDFS) issued an information request pursuant to Section 308 of the New York Insurance Law addressed to all life insurers and fraternal benefit societies...more

Alarmist Algorithms: Why Pricing Bots Won’t Be the End of Society

by Kelley Drye & Warren LLP on

Federal Trade Commission Acting Chairman Ohlhausen and Commissioner McSweeny recently gave two very different speeches on algorithmic pricing. Commissioner McSweeny’s speech seemed to express concern that algorithms would...more

Risky IT Programs - The Use of Algorithms and Risk of Collusion under Antitrust Laws

by DLA Piper on

On 14 June 2017, the OECD published a Note from the EU on Algorithms and Collusion (DAF/COMP/(2017)12 - here) (the EU Note). An updated background note on Algorithms and Collusion was published by the OECD Secretariat on 9...more

Unfair and Unbalanced-Episode 19

by Thomas Fox on

In this episode, Roy and I consider Sgt. Pepper's at 50; Artificial Intelligence in Compliance and how ComTech will change the face of compliance going forward....more

Facial Recognition Technology: A How-To Guide

by Bryan Cave on

Facial recognition technology uses algorithms that map facial features – such as the distance between a person’s eyes, or the width of a person’s nose – and compares those features to a database of known individuals....more

Meet HAL, Your New Robo-Adviser: SEC Regulatory Guidance For Robo-Advisers

by Polsinelli on

“Hello, Dave. You're looking well today.” In the iconic science fiction movie, 2001: A Space Odyssey, the HAL 9000 computer courteously greeted his astronaut human companion Dave Bowman. HAL was a Heuristically...more

In Case You Missed It: Launch Links - April, 2017 #2

by WilmerHale on

Some interesting links we found across the web this week: Know Your Limits: Understanding Your Term Sheet’s Exclusivity Provision - Before going exclusive with a VC, startups should understand this key provision in...more

EU Commissioner Warns Companies of Potentially Unlawful Use of Pricing Algorithms

by K&L Gates LLP on

On 16 March 2017, EU Competition Commissioner Margrethe Vestager gave a speech on algorithms and competition at the Bundeskartellamt's 18th Conference on Competition in Berlin, during which she discussed the potentially...more

Hogan Lovells academic all-stars debate hot tech topics

by Hogan Lovells on

On 17 March Hogan Lovells hosted a live webinar where several of our Global TMT thought leaders interviewed a panel of academic experts from our Law and Technology Academic Advisory Council on the key legal and tech trends...more

Retailers - can you be liable for cartel behaviour for using pricing software and algorithms?

by Bryan Cave on

A key issue regulators are grappling with is what antitrust liability can attach to retailers who use price matching software or other algorithms to match competitors’ online prices? In a speech made on 16 March 2017,...more

EU antitrust enforcement 2.0 – European Commission raises concerns about algorithms and encourages individual whistleblowers

by Hogan Lovells on

The European Competition Commissioner Margrethe Vestager has emphasised two important developments for EU antitrust enforcement, which have emerged from technological advancements: The Commission is taking proactive...more

Lawmaker seeks CFPB fair lending investigation of fintech small business lenders

by Ballard Spahr LLP on

A Democratic congressman has raised concerns about potentially discriminatory lending practices used by fintech companies that extend credit to small businesses, calling on the CFPB “to vigorously investigate whether [such...more

Recursive and Iterative Algorithms in Patent Claims

by Womble Bond Dickinson on

Some inventions operate in a recursive or iterative manner. This could be so of a machine that repeats actions or functions on a single article or to produce multiple articles, or operates on data. ...more

Forgetting about the Other Side of the Law is Criminal: eDiscovery Case Law

by CloudNine on

In our webcast on Wednesday titled What Every Attorney Should Know About eDiscovery in 2017, we covered (as we always do) several key cases that established eDiscovery best practices and trends (and a few with litigants...more

Pulse Nightclub Shooting Lawsuit May Show Path Around the Communications Decency Act

by Butler Snow LLP on

I previously posted Facebook Fake News Problem May Impact Businesses Operating Open Web Sites on why the controversy over fake news stories on Facebook may cause concern for businesses operating open websites, although such...more

Algorithms and bias: What lenders need to know

by White & Case LLP on

The algorithms that power fintech may discriminate in ways that can be difficult to anticipate—and financial institutions can be held accountable even when alleged discrimination is clearly unintentional....more

Managing global telecom supply chains – What telecommunications companies need to know about trade control laws

by Hogan Lovells on

Maintaining a global supply chain brings its share of commercial, financial, and regulatory risks. Increasingly, telecommunications companies with global operations and suppliers are finding that U.S. trade control laws...more

What is De-Duplication and How Do I Do It?

by Farrell Fritz, P.C. on

When collecting electronically stored information (“ESI”) from multiple custodians (i.e., various individuals/ different sources), there will necessarily be duplicative documents collected in the process. In company-wide...more

The Age of “Big Data”: How Your Electronic Applicant Searches May Be Complicating Your Talent Search

by Akerman LLP - HR Defense on

How do you hire only the “best” employees? How does any employer find the time to “vet” the hundreds or even thousands of job seekers applying for positions? A number of employers have turned to “big data” – the use of...more

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