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The AI Executive Order and Antitrust Enforcement: An Uncertain Future

On October 30, 2023, President Biden issued the “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” (AI EO). At 63 pages, the AI EO outlines a comprehensive framework for...more

Data Privacy + Cybersecurity Insider - June 2023

CYBERSECURITY - Joint Advisory on MOVEit Transfer Vulnerability Published - CISA and FBI have issued a joint advisory on the MOVEit transfer vulnerability that should be on the radar of CISOs and IT professionals. The...more

AI and Antitrust: When Does an Algorithm Become an Agreement? Part III

Mandatory Antitrust Training that Addresses the Risks of AI.  Many previously-effective compliance programs have not incorporated the topic of AI or its concomitant risks.  At a minimum, individuals should not reach an...more

AI and Antitrust: When Does an Algorithm Become an Agreement? Part II

In Topkins, discussed in Part I, the defendants had already entered their unlawful agreement—algorithms were a tool to implement the agreement. The more vexing question facing antitrust enforcers is the issue of tacit...more

AI and Antitrust – When Does an Algorithm Become an Agreement?

This blog post is the first in a three-part series exploring the intersection between AI and antitrust.  The first blog post in this series discusses the U.S. Department of Justice, Antitrust Division’s (Division) first...more

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