News & Analysis as of

Software Proposed Regulation

Cooley LLP

Treasury Department Issues Final and Proposed Rules on Cloud Transactions, Other Digital Content

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On January 10, 2025, the US Department of the Treasury and IRS released final and proposed regulations that provide tax guidance for the digital economy....more

Proskauer - California Employment Law

California Takes Steps to Regulate the Use of AI for Significant Employment Decisions

On November 8, 2024, the California Privacy Protection Agency (CPPA) voted 4-1 to proceed with formal rulemaking regarding automated decision-making technology (“ADMT”), which the draft regulations define as “any technology...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Issues Proposed ICTS Regulations That Would Disrupt Connected Vehicle Supply Chains Involving China and Russia

On September 26, 2024, the Office of Information Communications Technology Services (OICTS) within the Bureau of Industry and Security of the U.S. Department of Commerce published a long-awaited proposed rule to regulate the...more

Venable LLP

Preparing for the EU Cyber Resilience Act

Venable LLP on

The European Union (EU) is poised to enact the Cyber Resilience Act (CRA), a comprehensive cybersecurity regulation with major implications for software and connected device manufacturers in the United States and globally....more

Paul Hastings LLP

IRS Issues Proposed Regulations for Digital Asset Reporting

Paul Hastings LLP on

The Internal Revenue Service and Treasury Department have issued long-awaited Proposed Regulations for parties that will be required to report transactions involving digital assets. These newly identified parties will need to...more

Eversheds Sutherland (US) LLP

An olive branch or shot across the bow? IRS issues Notice 2023-63 providing welcome substantive Section 174 guidance

The long wait for substantive guidance under Section 174 ended late last week with the release by the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) of Notice 2023-63 (Notice). Taxpayers may rely...more

ArentFox Schiff

The Generative AI Revolution: Key Legal Considerations for the Consumer Products Industry

ArentFox Schiff on

For better or worse, generative Artificial Intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making...more

Knobbe Martens

AI & the FDA

Knobbe Martens on

The use of artificial intelligence (AI) in healthcare has been growing rapidly in recent years, and AI-enabled medical devices are playing a larger role in patient care. Such devices may use machine learning algorithms to...more

Gardner Law

The Evolving FDA Regulatory Landscape of Artificial Intelligence

Gardner Law on

As artificial intelligence technology evolves on a seemingly minute-by-minute basis, the U.S. FDA’s regulatory approach continues to evolve in an effort to keep pace. “The promise of artificial intelligence in medicine is...more

Foley & Lardner LLP

Let’s Make a Deal: The American Farm Bureau Federation “Right-to-Repair” Memorandum of Understanding

Foley & Lardner LLP on

For the past several years, the “right-to-repair” movement has been at odds with many manufacturers of products (such as medical devices, motor vehicles, and equipment) that contain imbedded software and telematics used for...more

Polsinelli

EU Cyber Resilience Act

Polsinelli on

On September 15, 2022, the European Commission published its Proposal for a Cyber Resilience Act (CRA) which sets out new requirements for hardware and software products in the EU.  The CRA applies to hardware and...more

Fenwick & West LLP

AI Regulation is Coming, But Don’t Panic Yet

Fenwick & West LLP on

In April 2018, as companies scrambled to come into compliance with the European Union’s General Data Protection Regulation that was soon to become enforceable, the EU quietly announced its intention to craft another massive...more

Sheppard Mullin Richter & Hampton LLP

From CFIUS, With Love: The FIRRMA Regulations

The most pressing question around the new FIRRMA regulations is “Will my transaction be covered?” To provide a bit of guidance on that point, we present an illustration from our upcoming Second Edition of The CFIUS Book due...more

Kramer Levin Naftalis & Frankel LLP

Treasury and the Service Propose Regulations on Cloud and Digital Content Transactions

On Aug. 14, 2019, the Department of the Treasury (Treasury) and the Internal Revenue Service (the Service) published proposed regulations (the Proposed Regulations) regarding the classification of “cloud transactions” for...more

Eversheds Sutherland (US) LLP

No longer up in the air? Cloud transaction regulations are released

Long-awaited proposed regulations recently released by the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) address the classification of certain transactions involving digital content and the...more

Wilson Sonsini Goodrich & Rosati

Proposed Rule to Subject Certain Cybersecurity Items to Greater Export Restrictions

The U.S. Department of Commerce Bureau of Industry and Security (BIS) recently published a proposed rule enhancing controls on certain cybersecurity items under the Export Administration Regulations (EAR). Specifically, the...more

Blank Rome LLP

Disruptive Changes on the Horizon for Federal COTS Software Supply

Blank Rome LLP on

Action Item: Firms making commercial off-the-shelf ("COTS") software sold to the federal government, or reselling COTS software to the federal government, should respond to the SBA’s recent proposed rule or risk a loss of...more

McDermott Will & Emery

Idaho Drafting Cloud Computing Regulation in the Wake of H.B. 598

McDermott Will & Emery on

The Idaho Sales Tax Rules Committee is currently revising Rule 027, Computer Equipment, Software, and Data Services, in response to the passage of H.B. 598. The Committee met for the last time on July 24 to discuss the draft...more

McDermott Will & Emery

The Vermont Department of Taxes Begins to Take a Close Look at Cloud Computing

McDermott Will & Emery on

On June 30, 2013, the Vermont sales tax moratorium on remote access to software expired. At that time, the Vermont Department of Taxes (Department) reverted to its prior position that interpreted, without any analysis, the...more

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