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Spilman Thomas & Battle, PLLC

Decoded - Technology Law Insights, V 6, Issue 4, April 2025

Welcome to our fourth issue of 2025 of Decoded - our technology law insights e-newsletter. We hope you enjoy this issue and thank you for reading. Sector by Sector: How Data Breaches are Wrecking Bottom Lines - “Data...more

Ankura

Artificial Intelligence: DOJ Update to the Evaluation of Corporate Compliance Programs

Ankura on

On Sept. 23, the U.S. Department of Justice (DOJ) updated its Evaluation of Corporate Compliance Programs (ECCP)1 guidance document for prosecutors to consider the impact of emerging artificial intelligence (AI) technology on...more

BakerHostetler

DOJ Antitrust Division Adds to Guidance on the Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations

BakerHostetler on

On November 12, 2024, the DOJ Antitrust Division updated its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (ECCP), which was initially issued in 2019. The ECCP provides guidance to...more

NAVEX

Compliance Considerations for Mitigating AI Risks

NAVEX on

Recent revisions made to the Criminal Division’s “ Evaluation of Corporate Compliance Programs (ECCP)” guidance highlight, among other things, risks created by artificial intelligence (AI). Thus, it would be prudent for...more

ArentFox Schiff

Recent Updates to the DOJ’s Evaluation of Corporate Compliance Programs

ArentFox Schiff on

This past September, the US Department of Justice (DOJ) updated its Evaluation of Corporate Compliance Programs (ECCP). The revised guidance reflects the government’s evolving expectations regarding corporate responsibility...more

Sheppard Mullin Richter & Hampton LLP

Key Takeaways from the DOJ Antitrust Division’s Updated Compliance Guidance: It’s Not Just Criminal Anymore

The Department of Justice’s Antitrust Division (“Antitrust Division”) recently updated its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations guidance document (“Antitrust Compliance Guidance”)....more

Holland & Knight LLP

New DOJ Compliance Program Guidance Addresses AI Risks, Use of Data Analytics

Holland & Knight LLP on

The Criminal Division of the U.S. Department of Justice (DOJ) recently updated its Evaluation of Corporate Compliance Programs (ECCP) policy document, which prosecutors rely on to evaluate the effectiveness of compliance...more

Dorsey & Whitney LLP

DOJ Updates the Evaluation of Corporate Compliance Program Memorandum, Emphasizing Emerging Technologies, Data Analytics, and...

Dorsey & Whitney LLP on

On September 23, 2024, the U.S. Department of Justice (“DOJ”) released updates to its Evaluation of Corporate Compliance Programs policy (the “Updated ECCP”), building upon the March 2023 updates. Since 2017, DOJ has offered...more

Axinn, Veltrop & Harkrider LLP

New Tech, Old Theories: The DOJ Antitrust Division's Workshop on Artificial Intelligence

On May 30, 2024, the DOJ’s Antitrust Division hosted a workshop for global antitrust authorities, academics, financiers, and private sector representatives to discuss competition across the AI stack, potential threats AI...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

Skadden, Arps, Slate, Meagher & Flom LLP

The US Government Is Using AI To Detect Potential Wrongdoing, and Companies Should Too

The use of data analytics to identify potential violations of law has become increasingly sophisticated. Agencies like the Securities and Exchange Commission (SEC) have led the charge, employing risk-based data tools to...more

Zuckerman Spaeder LLP

Regulators Put AI in Their Crosshairs at the ABA National Institute on White Collar Crime

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The American Bar Association’s National Institute on White Collar Crime has long focused on regulating, prosecuting, and defending evolving permutations of fraud, or allegedly fraudulent conduct. At the 39th annual event,...more

White & Case LLP

Recent Regulatory Announcements Confirm Increased Scrutiny of “AI-Washing”

White & Case LLP on

In December 2023, we published an alert concerning US Securities and Exchange Commission ("SEC") Chair Gary Gensler's warning to public companies against "AI washing" – that is, making unfounded claims regarding artificial...more

BakerHostetler

Federal Prosecutors Will Seek ‘Stiffer Sentences’ for Misuse of AI

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Deputy U.S. Attorney General Lisa Monaco recently sparked debate by stating, “Like a firearm, AI can enhance the danger of a crime.” And just as prosecutors can seek enhanced sentences for offenses involving firearms, the...more

Morrison & Foerster LLP

Deputy Attorney General Lisa Monaco Announces DOJ’s Approach to AI

On February 14, 2024, Deputy Attorney General Lisa Monaco announced two important developments related to the advent of artificial intelligence (AI) as it relates to the work of the U.S. Department of Justice (DOJ). First,...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Opens Inquiry Into AI Partnerships, Signaling Intensified Focus on Emerging Tech

On January 25, 2024, the Federal Trade Commission (FTC) launched an inquiry scrutinizing the investments and partnerships of Alphabet, Microsoft and Amazon relating to growing artificial intelligence startups Open AI and...more

Husch Blackwell LLP

House Committee Forms AI Working Group as Regulators Emphasize Existing Authority to Regulate AI

Husch Blackwell LLP on

Here’s what you need to know: 1. The House Financial Services Committee formed a 12-member working group on Artificial Intelligence (AI). The group is tasked with exploring AI’s comprehensive impact on financial services so...more

Vinson & Elkins LLP

AI Antitrust Issues Checklist

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This checklist outlines antitrust considerations for the use of artificial intelligence (“AI”) technology. Practices involving AI that could give rise to antitrust risk include algorithmic collusion, exclusionary practices...more

Woods Rogers

FTC Opens Consumer Protection Investigation of OpenAI, Creator of ChatGPT

Woods Rogers on

The Investigation - The Federal Trade Commission (FTC) recently opened an investigation into OpenAI, creator of ChatGPT, to determine whether the artificial intelligence company violated consumer protections laws. According...more

Moore & Van Allen PLLC

Federal Agencies Issue Joint Statement Addressing Enforcement Authority & AI

Moore & Van Allen PLLC on

As artificial intelligence systems such as ChatGPT and Midjourney have become increasingly prominent, so have concerns about the effects that such programs may have on the economy and society at large. With more businesses...more

Jackson Lewis P.C.

Finding Diverse Talent in the Manufacturing Industry Revisited: A Skillful Scavenger Hunt

Jackson Lewis P.C. on

Even as the U.S. Bureau of Labor Statistics reports increased hiring in the manufacturing industry over the last year, filling certain positions remain a challenge, especially for those that require highly skilled workers....more

Jackson Lewis P.C.

EEOC, DOJ Release Expectations on Employers’ Use of Technology, AI for Employment Decisions

Jackson Lewis P.C. on

For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission (EEOC) and the...more

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