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FTC’s Latest AI-washing Case: A Focus on Agentic AI and Productivity Claims

On August 25, 2025, the Federal Trade Commission (FTC) announced a new AI-washing case against Air AI, a company selling business coaching and support services. The FTC alleged that the company made deceptive marketing claims...more

SEC Establishes AI Task Force to Drive Internal Innovation and Efficiency

The US Securities and Exchange Commission (SEC) has announced the formation of a dedicated Artificial Intelligence (AI) Task Force, marking a significant step in the agency’s ongoing efforts to modernize its operations and...more

A Legislative and Enforcement Outlook for Mental Health Chatbots

A concept once confined to speculative and science fiction, artificial intelligence (AI) therapists – in the form of online chatbots – now exist and are available for use in the present day. Some of them have been developed...more

State Action Targets Use of Biased AI Underwriting Models: Key Points

On July 10, 2025, the Massachusetts Attorney General announced a $2.5 million settlement with Earnest Operations, a student loan company, for allegedly failing to mitigate risks of disparate harms to Black, Hispanic, and...more

Latest Wave of Obligations Under the EU AI Act Take Effect: Key Considerations

The first comprehensive legal framework for artificial intelligence (AI), Regulation (EU) 2024/1689 (the EU AI Act), entered into force last year. Rather than taking immediate effect, the harmonized rules on AI under the Act...more

European Commission Publishes Guidelines on Obligations for General-purpose AI Models Under the EU AI Act

The European Commission (Commission) adopted its long-anticipated guidelines on the scope of obligations for general-purpose artificial intelligence (GPAI) models under Regulation (EU) 2024/1689 (AI Act) (Guidelines) on July...more

White House Unveils US AI Action Plan

On July 23, 2025, the White House released “Winning the Race: America’s AI Action Plan” (Action Plan), which describes itself as a strategic roadmap intended to foster US leadership in AI and “articulate policy...more

European Union Publishes Its General-Purpose AI Code of Practice

The European Commission published its General-Purpose AI Code of Practice (Code) on July 10, 2025, after a long drafting process that was originally intended to conclude in May 2025. The development of the code was...more

Legal Red Teaming, One Year In: Reports from the Field

Introduction - In our June 2024 white paper, Legal red teaming: A systematic approach to assessing legal risk of generative AI models, we presented legal red teaming, a methodology aimed at helping organizations that...more

The Rise of “Agentic” AI: Potential New Legal and Organizational Risks

Artificial intelligence (AI) technology is advancing rapidly. A key development is the emergence of “agentic” AI structures, which operate with a greater autonomy compared to traditional AI systems. These powerful agents...more

SEC Emphasizes Focus on “AI Washing” Despite Perceived Enforcement Slowdown

The US Securities and Exchange Commission (SEC) recently highlighted its continued focus on artificial-intelligence-related misconduct as a key enforcement priority. Speaking on a series of panels at the Securities...more

Ten-year Moratorium on AI Regulation Proposed in US Congress

Provision in House-passed “reconciliation” bill would bar states and localities from enforcing laws or regulations on AI models - With an eye on Europe’s heavy regulation of AI Systems, the proliferation of US state bills and...more

The Second Trump Administration’s First 100 days

The first 100 days of the second Trump Administration have been marked by a flurry of Executive Orders (EOs) and policy memoranda intended to advance President Donald Trump’s “America First” agenda. In the process, these...more

White House Releases Guidance for AI Acquisition and Use in Government

New guidance emphasizes risk-based governance, requires “impact assessments” - On April 7, 2025, the White House Office of Management and Budget (OMB) released two memoranda, outlining its latest guidance for federal...more

Reminders and New Disclosure Requirements for the 2025 Proxy Season

The proxy statement has become an integral component of a public company’s preparation for its annual meeting of shareholders. The rules and regulations under the Securities and Exchange Act of 1934 (the Exchange Act),...more

Copyrightability of genAI Outputs in the US: Key Developments

Key takeaways from the US Copyright Office’s Copyrightability Report and the DC Circuit’s March 2025 Thaler decision - On January 29, 2025, the US Copyright Office issued Copyright and Artificial Intelligence, Part 2:...more

The Preventing Algorithmic Collusion Act: Strike Two

Senator Amy Klobuchar (D-MN) and eight Senate co-sponsors reintroduced “The Preventing Algorithmic Collusion Act” – formerly Senate Bill 3686 – as Senate Bill 232 (S. 232) on January 23, 2025. S. 232 makes no substantive...more

Lawsuit Over AI Usage by Medicare Advantage Plans Allowed to Proceed

The US District Court for the District of Minnesota has ruled that plaintiffs may proceed in a putative class action lawsuit brought against a Medicare Advantage organization (MAO) to challenge its alleged use of an...more

EU AI Act’s Ban on Prohibited Practices Takes Effect

The first compliance deadline set out in the European Union (EU)’s Regulation (EU) 2024/1689, or the EU AI Act, took effect on February 2, 2025. ...more

White House AI Executive Order Sets its Sights on Free-Market Innovation - Increased state-level regulation potentially on the...

On January 23, 2025, President Donald Trump signed the Executive Order (EO) Removing Barriers to American Leadership in Artificial Intelligence. The artificial intelligence (AI)- focused EO is anticipated by the White House...more

Commerce Department Unveils New Rules on Responsible Diffusion of Artificial Intelligence Technology

During its last week before the inauguration, the Biden Administration issued significant and complex new export controls on semiconductors and related technology for artificial intelligence (AI) applications worldwide. These...more

Key Takeaways from FDA’s Draft Guidance on Use of AI in Drug and Biological Life Cycle

The US Food and Drug Administration (FDA) recently issued its draft guidance, Considerations for the Use of Artificial Intelligence to Support Regulatory Decision-Making for Drug and Biological Products, on January 6, 2025. ...more

FDA Issues Artificial Intelligence-Enabled Device Software Functions Draft Guidance

The US Food and Drug Administration (FDA) recently issued its draft guidance, Artificial Intelligence-Enabled Device Software Functions: Lifecycle Management and Marketing Submission Recommendations on January 7, 2025....more

House AI Task Force Unveils Report with Focus on Sectoral Regulatory Framework

The bipartisan task force on artificial intelligence (AI) in the US House of Representatives on December 17, 2024 released its highly anticipated report providing guiding principles, recommendations, and policy proposals to...more

CFTC Issues Advisory on Use of AI in Regulated Markets

The US Commodity Futures Trading Commission (CFTC) issued a nonbinding staff advisory, CFT Letter No. 24-17, to all CFTC-registered entities and registrants concerning the use of artificial intelligence (AI) in CFTC-regulated...more

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