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Goodwin

How States Are Stepping in to Regulate AI

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States are stepping in to regulate AI amid an absence of federal legislation to address fast-changing developments with the technology. This spring, Colorado became the first state to pass a comprehensive piece of AI...more

Proskauer on Privacy

Same Song, Different Tune: Plaintiffs’ Bar Adds the Song-Beverly Credit Card Act to its Privacy Repertoire

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Repurposing old laws to challenge new technologies has become the new normal in the privacy space. Plaintiffs continue to bring a kaleidoscope of privacy claims against companies in the tech age, reviving laws like the...more

McDermott Will & Emery

New York Attorney General Issues Cookie Guidance and Enforcement Warnings

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On July 15, 2024, the Office of the New York State Attorney General (OAG) published website privacy control guidance focused on cookies and other tracking technologies. The guidance identifies common deficiencies and...more

MoFo Tech

USPTO Guidance: Artificial Intelligence Inventions That Solve A Technical Problem Eligible For Patenting

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The U.S. Patent and Trademark Office (USPTO) has issued guidance regarding patent eligibility with respect to patenting artificial intelligence (AI) inventions. See an overview of the eligibility test applied by the USPTO....more

Fenwick & West LLP

U.S. Government Removes Export Control Barriers for U.S. Companies Participating in Standards-Setting Bodies

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The U.S. government’s primary export control regulator – the Bureau of Industry and Security (BIS) within the Commerce Department – issued a new rulemaking to remove barriers from U.S. companies’ participation in...more

Benesch

Exploring First Amendment and Editorial Judgment Protections for Large Language Models

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Large language model (LLM) companies are at the forefront of artificial intelligence technology. They create tools that generate and provide information through sophisticated algorithms....more

Foley Hoag LLP - Making Your Mark

Name That Artist: How AI Music is Shaping the Right of Publicity

Every industry today is abuzz with the possibilities of artificial intelligence, and music is no exception. In the year since the AI-generated hit “Heart on My Sleeve,” courts have started to tackle AI issues in the arts...more

Skadden, Arps, Slate, Meagher & Flom LLP

District Court Adopts Broad View of Copyright Preemption in Data Scraping Case

The recent California district court decision dismissing the complaint in X Corp. v. Bright Data Ltd. could have significant implications for companies that rely on their terms of use to prohibit unauthorized “data scraping”...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI-Enabled Compliance: Keeping Pace With the Feds

The potential for artificial intelligence (AI) to transform business has commanded enormous attention over the past year. Little noted, however, is the U.S. government’s increasing — and increasingly sophisticated — use of AI...more

Butler Snow LLP

Subpoenaed Remote Testimony from Anywhere and Everywhere? Ninth Circuit Says No.

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With the COVID pandemic, remote video depositions and trial testimony very quickly went from rare to routine. Remote testimony, for the most part, is viewed as a convenience to both witnesses and attorneys, and parties and...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Regulators Publish Approaches to AI Regulation in Financial Services

On 22 April 2024, the Financial Conduct Authority (FCA), the Prudential Regulation Authority (PRA) and the Bank of England published their strategic approaches to regulating AI in response to the UK government’s July 2022 AI...more

Morrison & Foerster LLP

U.S. Sanctions Enforcement: 2023 Trends and Lessons Learned

Today’s alert—the second in our Sanctions 2023 Year in Review Series—provides an overview of U.S. sanctions enforcement in 2023, including the key lessons learned from the public enforcement actions issued by the U.S....more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Recent Developments That Could Impact How Companies Offer AI-Based Customer Service Chatbots

Two recent developments highlight the challenges companies may face as they explore ways to incorporate AI-based chatbots into their customer service offerings: - A putative class action filed in California federal...more

White & Case LLP

SEC Lists Crypto and Information Security Among its 2024 Examination Priorities

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On October 16, 2023, the US Securities and Exchange Commission ("SEC") Division of Examinations ("Examination Division") announced its 2024 Examination Priorities. Registrants should ensure that policies, procedures, and...more

Sheppard Mullin Richter & Hampton LLP

States’ Increased Policing of Artificial Intelligence in the Workplace Serves as Important Reminder to Employers

Employers’ burgeoning use and reliance upon artificial intelligence has paved the way for an increasing number of states to implement legislation governing its use in employment decisions. Illinois enacted first-of-its-kind...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights Newsletter - May 2023: Kyocera and the Brewing Debate Over Expert Qualifications at the PTAB

Technical experts play a key role in patent litigation, including in PTAB litigation. Indeed, experts are often the only witnesses to provide testimony in PTAB proceedings, and final written decisions often hinge on which...more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments - March 2023

To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more

Bennett Jones LLP

Artificial Intelligence—A Companion Document Offers a New Roadmap for Future AI Regulation in Canada

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Artificial intelligence (AI) regulation in Canada may be around the corner and could affect all types of organizations involved with AI systems in commercial contexts. A new companion document, for the Artificial Intelligence...more

Perkins Coie

FTC's Second Settlement in Weeks Highlights Scrutiny on Businesses Processing Health Data for Advertising

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On March 2, 2023, following a 4-0 vote, the Federal Trade Commission announced a complaint and proposed consent order with BetterHelp, Inc., an online counseling platform that allegedly disclosed consumer health data to...more

Goodwin

EU Technology Regulation: Watch List for 2023 and Beyond

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Last year, the European Union passed a number of important EU legislative acts relating to the regulation of technology. Further legislative acts and proposals affecting technology are on the agenda for 2023, including the...more

Bradley Arant Boult Cummings LLP

Pet Stairs, Wiretapping, and Cookies: Implications of the Third Circuit’s Popa Opinion

The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more

Vinson & Elkins LLP

CFIUS-Related Divestiture Illustrates Foreign Investment Risk in Clean Energy Technology

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In a development that highlights current U.S. Government foreign investment priorities, Borqs Technologies Inc. (“Borqs”), a China-based corporation, announced on December 19, 2022, that a review by the Committee on Foreign...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden’s 2023 Insights – Five Critical Areas for the Year Ahead

The pandemic’s impact may be subsiding, but businesses are encountering new challenges across the globe, including the potential for an economic retrenchment, rising interest rates, shifting regulatory and litigation...more

ArentFox Schiff

US Drops New Export Controls on the Chinese Semiconductor, Advanced Computing, and Supercomputer Industries

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On Friday, October 7, 2022, the Bureau of Industry and Security (BIS) released an interim final rule containing an enormous set of export controls that will likely damage the Chinese semiconductor, advanced computing, and...more

Perkins Coie

The EU’s Digital Services Act: A Paradigm Shift for Online Intermediaries

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Following the European Council's approval last week, the Digital Services Act (DSA) has been officially adopted, starting the countdown to the law’s entry into force later this year. The DSA builds on the Electronic Commerce...more

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