Over ten years ago, individuals and businesses insured by health plans that contract with Sutter Health filed a class action lawsuit against Sutter Health alleging antitrust violations under federal and California laws....more
In May 2024, the Senate Rules and Administration Committee advanced three bills sponsored by Chair Amy Klobuchar (D-MN) on elections and AI out of committee.
These bills include provisions that would prohibit deceptive AI...more
The National Institute of Standards and Technology (NIST) has launched the Assessing Risks and Impacts of AI (ARIA) program, an initiative designed to allow AI developers to submit their models to NIST for risk evaluation and...more
A working group within the Commodity Futures Trading Commission (CFTC) released a report on May 2, 2024, concerning the risks posed by AI adoption in the derivatives market.
The report warns that the adoption of AI tools...more
The Bipartisan Senate AI Working Group, headed by Majority Leader Chuck Schumer (D-NY), Senator Mike Rounds (R-SD), Senator Martin Heinrich (D-NM), and Senator Todd Young (R-IN) released a roadmap for congressional AI policy....more
5/17/2024
/ Artificial Intelligence ,
Civil Rights Act ,
Copyright ,
Innovation ,
Intellectual Property Protection ,
Investment ,
National Security ,
Patent Trial and Appeal Board ,
Research and Development ,
The Copyright Act ,
Transparency ,
Unfair or Deceptive Trade Practices
President Joe Biden’s October 2023 Executive Order on AI directed agencies to institute a significant number of actions on AI. On April 29, 2024, the White House announced that federal agencies had completed “all of the...more
5/10/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Automation Systems ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
General Services Administration (GSA) ,
Healthcare ,
HUD ,
National Security ,
NIST ,
OPM ,
Research and Development ,
Rulemaking Process ,
State Labor Laws ,
Transmission Grid ,
USDA
President Joe Biden’s October 2023 Executive Order on AI directed agencies to institute a significant number of actions on AI. On April 29, 2024, the White House announced that federal agencies had completed “all of the...more
5/3/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Biden Administration ,
Department of Energy (DOE) ,
Department of Labor (DOL) ,
Employment Discrimination ,
Executive Orders ,
Federal Contractors ,
Healthcare ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Labor Standards Enforcement ,
Machine Learning ,
National Security ,
NIST ,
OFCCP ,
Risk Management ,
Subcontractors ,
Transmission Grid
On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S....more
4/26/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
Pursuant to President Biden’s October 2023 executive order on AI, on April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published “Guidance on Use of Artificial Intelligence-Based Tools in...more
4/23/2024
/ Artificial Intelligence ,
Biden Administration ,
Confidential Information ,
Executive Orders ,
Exports ,
Inventions ,
Inventors ,
Licensing Rules ,
Machine Learning ,
New Guidance ,
Patents ,
Policies and Procedures ,
Regulatory Agenda ,
Regulatory Requirements ,
USPTO
Pursuant to President Biden’s October 2023 executive order on AI, in March 2024 the Office of Management and Budget issued a memorandum directing the use of AI by federal agencies.
Among other provisions, the memorandum...more
4/10/2024
/ Artificial Intelligence ,
Biden Administration ,
Biometric Information ,
Compliance ,
Due Diligence ,
Executive Orders ,
Information Governance ,
New Guidance ,
OMB ,
Reporting Requirements ,
Risk Management ,
Sustainability
Pursuant to President Biden’s October 2023 AI executive order, the US Department of Treasury (Treasury) released a report on cybersecurity risks in the financial services sector in March 2024.
While recognizing the...more
4/5/2024
/ Artificial Intelligence ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Executive Orders ,
Financial Institutions ,
Fraud ,
Malware ,
Risk Assessment ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
U.S. Treasury ,
Vulnerability Assessments
President Joe Biden’s fiscal year (FY) 2025 budget proposal includes hundreds of millions of dollars allocated towards executive branch AI efforts.
The budget proposal’s AI-related provisions can be sorted into three...more
3/29/2024
/ Artificial Intelligence ,
Automation Systems ,
Biden Administration ,
Department of Agriculture ,
Department of Education ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Budget ,
Fraud and Abuse ,
HUD ,
National Science Foundation ,
NHTSA ,
NIST ,
Research and Development ,
Risk Management ,
U.S. Commerce Department ,
U.S. Treasury
On March 13, 2024, the Carnegie Endowment for Peace hosted Federal Trade Commission (FTC or Commission) Chair Lina Khan for a panel entitled “The Future of American Innovation.” The panel discussion, which broadly concerned...more
Department of Justice (DOJ) Deputy Attorney General Lisa Monaco’s March 7, 2024, speech addressed the agency’s current enforcement stance towards AI.
In the speech, Monaco reiterated that there are no AI exemptions to the...more
3/15/2024
/ Artificial Intelligence ,
Compliance ,
Corporate Crimes ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fraud ,
Market Manipulation ,
Price-Fixing ,
Sentencing ,
White Collar Crimes
On March 1, 2024, the Federal Trade Commission (FTC or Commission) and the Department of Justice (DOJ) submitted a Statement of Interest (SOI) in the case Duffy v. Yardi Systems Inc., et al.
In this SOI, the agencies...more
As part of the Biden administration’s State of the Union blitz, the Federal Trade Commission (FTC) convened a workshop on private equity (PE) investments in the health care industry on March 5, 2024. Immediately prior to the...more
After over two years of consultation and review, on February 15, 2024, the Federal Trade Commission (FTC or Commission) finalized a rule prohibiting the impersonation of government agencies or businesses in matters “in or...more
On February 20, 2024, House Speaker Mike Johnson (R-LA-4) announced the creation of a bipartisan Task Force on Artificial Intelligence (AI) (“AI Task Force”) composed of 24 members, with 12 from each party.
The House AI...more
The Department of Commerce has launched the US AI Safety Institute Consortium (AISIC), a multistakeholder body tasked with developing AI safety standards and practices.
The AISIC is currently composed of over 200 members...more
1. Following up on a December 2023 hearing on algorithmic price-fixing and self-preferencing, Chair of the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights Amy Klobuchar (D-MN) introduced a...more
On January 29, 2024, the White House published a fact sheet detailing the actions that have been taken pursuant to President Joe Biden’s October 30, 2023 executive order on “Safe, Secure, and Trustworthy Development and Use...more
2/5/2024
/ Artificial Intelligence ,
Biden Administration ,
COPPA ,
Defense Production Act ,
Executive Orders ,
Federal Trade Commission (FTC) ,
IaaS ,
Infrastructure ,
National Science Foundation ,
Proposed Rules ,
U.S. Commerce Department
Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies.
This week, we discuss the Federal Trade Commission’s (FTC or Commission) use of...more
The Federal Trade Commission (FTC) announced yesterday increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended. The FTC...more
Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies.
On January 9, 2024, the Federal Trade Commission (FTC or Commission) published...more
Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies.
This week, we discuss the continued contentious matter of the use of...more
1/11/2024
/ Artificial Intelligence ,
Consumer Protection Laws ,
Copyright ,
Copyright Office ,
Data Privacy ,
EU ,
Executive Orders ,
Fair Use ,
Intellectual Property Protection ,
Japan ,
Machine Learning ,
Training ,
Transparency