News & Analysis as of

Software Algorithms

Cooley LLP

DOJ Challenges Use of Certain Pricing Algorithms

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On August 23, 2024, the Department of Justice (DOJ) sued real estate software company RealPage alleging the company’s software reduces competition between landlords, resulting in inflated rents and less favorable lease terms...more

Morrison & Foerster LLP

DOJ Rages Against the Machine: The Feds and Several States Accuse RealPage of Helping Landlords Collude and Monopolizing...

After more than a year of scrutiny and commenting on lawsuits brought by others, the Department of Justice (“DOJ”) finally entered the algorithmic price-fixing fray in its own right. On August 23, 2024, DOJ, along with eight...more

Kerr Russell

Price Collusion in the Crosshairs

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There has been a spate of legislation and lawsuits targeting the use of software that gives visibility to competitors’ prices. This allows firms to adjust their prices, either undercutting the competition or setting a de...more

Benesch

The DOJ's Lawsuit Against RealPage: Unpacking the Allegations and Implications for the Rental Market

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The U.S. Department of Justice (DOJ) and eight state attorneys general have filed a lawsuit against real estate software company RealPage, alleging that its algorithmic pricing system has contributed to widespread...more

EDRM - Electronic Discovery Reference Model

Prosecutors and AI: Navigating Justice in the Age of Algorithms

AI has the potential to transform the criminal justice system through its ability to process vast datasets, recognize patterns, and predict outcomes. However, this potential comes with a profound responsibility: ensuring that...more

Wilson Sonsini Goodrich & Rosati

Man vs. Machine: DOJ Files Complaint Alleging Algorithmic Collusion

On August 23, 2024, the U.S. Department of Justice (DOJ) and eight states filed a complaint in federal court in North Carolina alleging that RealPage, a software analytics company, coordinated rental prices in the real estate...more

UnitedLex

Is Your Data AI-Ready?

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Organizations of all sizes are asking legal teams to go beyond pure legal risk management and compliance, be more cost-efficient, and manage more cases involving more volumes and more and emerging data sources....more

Eversheds Sutherland (US) LLP

Quantum computing and the threat to existing encryption: NIST releases post-quantum guidance

Imagine a world in which powerful computers can instantaneously break a company’s standard encryption, threatening the most valuable financial data, intellectual property, personal information, and even national security...more

Alston & Bird

CISA Releases Findings from its AI Pilot Program on Detecting Critical Vulnerabilities

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On July 28, 2024, the Cybersecurity and Infrastructure Security Agency (CISA) announced that they piloted an Artificial Intelligence (AI)-enabled vulnerability program to help detect and remediate vulnerabilities in the U.S....more

EDRM - Electronic Discovery Reference Model

Bill Gates on the Next ‘Big Frontier’ of Generative AI: Programming Metacognition Strategies into ChatGPT

Bill Gates has insider knowledge on the future of generative AI. He predicts there will be ‘two more turns of the crank’ on scaling, with the next ‘big frontier‘ being ‘metacognition.’ Gates describes ChatGPT’s metacognitive...more

Alston & Bird

What to Tell Your C-Suite About the EU AI Act

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Our Privacy, Cyber & Data Strategy Team highlights 11 common questions your company’s senior executives may have about the European Union’s Artificial Intelligence Act and how you can answer them....more

EDRM - Electronic Discovery Reference Model

Worrying About Sycophantism: Why I Again Tweaked the Custom GPT ‘Panel of AI Experts for Lawyers’ to Add More Barriers Against...

I continue to be troubled about AI Sycophantism. What is that? The tendency of generative AI to agree with the user, to respond in a way that is aligned with the user’s biases, errors and hallucinations. In other words, the...more

Troutman Pepper

Algorithmic Prices and Industry Data Reporting Under the Antitrust Microscope

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Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the...more

Fitch, Even, Tabin & Flannery LLP

IP Alert: USPTO Issues Guidance for Examining Means-Plus-Function and Step-Plus-Function Claim Limitations

On March 18, the USPTO issued a guidance document on how to examine claims that recite functional limitations without necessarily using the term “means” under 35 U.S.C. § 112. The guidance document aims to improve clarity,...more

Holland & Knight LLP

Algorithmic Price-Fixing Claims Terminated

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A Nevada federal court on May 8, 2024, dismissed with prejudice a putative class action alleging that a handful of Las Vegas hotel operators and a software provider broke antitrust laws by licensing and using a software...more

Morris, Manning & Martin, LLP

Unveiling The Pitfalls: The Real Risks Of Using RealPage

Over the last decade, apartment owners and managers have increasingly used algorithm-based software to set rents. This practice and its practitioners are now under scrutiny as many owners and operators are being investigated...more

EDRM - Electronic Discovery Reference Model

Evidence that AI Expert Panels Could Soon Replace Human Panelists, or is this just an Art Deco Hallucination? – Part One of Two

Say goodbye to the traditional panel of experts, the ones routinely featured at educational events and conferences worldwide. Say hello to new panels of AI experts: panels in your pocket that you can call upon anytime,...more

Brownstein Hyatt Farber Schreck

Nevada Federal Court Denies Antitrust Conspiracy Based on Use of a Pricing Algorithm

In what will be one of the most important decisions in antitrust since the proliferation of algorithm software, on May 8, 2024, Chief Judge Miranda Du of the United States District Court, District of Nevada, granted the hotel...more

Kohn, Kohn & Colapinto LLP

The Double-Edged Impact of AI Compliance Algorithms on Whistleblowing

As the implementation of Artificial Intelligence (AI) compliance and fraud detection algorithms within corporations and financial institutions continues to grow, it is crucial to consider how this technology has a twofold...more

Venable LLP

Navigating the Future: Medicare Advantage Plan Rules on the Use of Artificial Intelligence

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The use of technology in healthcare services and payment for healthcare is evolving at an unprecedented pace, reshaping how medical services are delivered, managed, and paid for. The use of artificial intelligence systems...more

J.S. Held

Software and Firmware Reverse Engineering & Testing

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Understanding how hardware and firmware/software work together to perform desired functions or tasks is an important enabler to unlocking the value of intellectual properties in the systems (including embedded systems) area....more

Mintz - Health Care Viewpoints

FDA Needs a New Approach to AI/ML-Enabled Medical Devices

We have been writing about software as a medical device (SaMD) for years, tracking the Food and Drug Administration's (FDA) efforts to keep up with the fast-paced development of digital technology, such as launching the...more

Carlton Fields

Digital Collusion or Warp-Speed Competition? Evaluating the Agreement Element in the Algorithmic Pricing Antitrust Cases

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Picture this: At a meeting of local landlords, one participant raps his knuckles on the table and announces his grand idea for increasing the group’s collective profits. Each landlord should “independently” contract with a...more

Firesign | Enlightened Legal Marketing

Another Argument for Lawyer Rankings: Search Results and the AI Meritocracy

Love them or hate them, we know that lawyer rankings are used by your human prospects to scout legal talent; according to Greentarget, 62 percent of C-suite members and 52 percent of in-house counsel report them as...more

Foley & Lardner LLP

Artificial Intelligence, the SEC, and What the Future May Hold

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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

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