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White House Releases AI Action Plan: Key Legal and Strategic Takeaways for Industry

- What is new: The Trump administration’s AI Action Plan reflects a striking shift in approach, with the federal government driving development, expansion and regulation, focusing on deregulation, permitting, procurement and...more

M&A in the AI Era: Key Antitrust and National Security Considerations

Key Points - - As more jurisdictions adopt AI regulations, and AI-related transactions are reviewed on multiple legal grounds, it is critical for companies considering deals to assess the regulatory hurdles early on and...more

AI: Broad Biden Order Is Withdrawn, but Replacement Policies Are Yet To Be Drafted

On January 23, 2025, President Donald Trump issued an executive order titled “Removing Barriers to American Leadership in Artificial Intelligence” (Trump AI Executive Order). The Trump AI Executive Order assigns select...more

US Federal Regulation of AI Is Likely To Be Lighter, but States May Fill the Void

Key Points - - President-elect Trump appointed David Sacks, a venture capitalist, as the White House AI and crypto czar. - The Trump administration is likely to adopt a light regulatory approach to AI development and...more

Developing and Using AI Require Close Monitoring of Risks and Regulations

As AI systems become more complex, companies are increasingly exposed to reputational, financial and legal risks from developing and deploying AI systems that do not function as intended or that yield problematic outcomes....more

How and When SEC Recordkeeping Rules May Apply to AI-Generated Content

AI has revolutionized the way many businesses operate. Firms in the financial sector are eager to take advantage of rapidly developing technologies but do not want to risk running afoul of relevant Securities and Exchange...more

The Informed Board - Summer 2024

Across industries, companies are facing new and uncertain regulatory pressures and demands in areas including artificial intelligence, sustainability, algorithmic pricing and fintech-bank relations. In this issue of The...more

AI Safety: The Role of the Board in Assessing and Managing AI Risk

As AI systems become more complex, companies are increasingly exposed to reputational, financial and legal risk from developing and deploying AI systems that do not function as intended or that yield problematic outcomes. The...more

M&A in the AI Era: Key Deal Terms To Watch

The accelerated development of artificial intelligence (AI) has shown the transformative potential of the technology across industries, making it an integral part of strategic planning for market participants, from technology...more

Colorado’s Landmark AI Act: What Companies Need To Know

Colorado has become the first state to enact a comprehensive law relating to the development and deployment of certain artificial intelligence (AI) systems. The Colorado Artificial Intelligence Act (CAIA), which will go into...more

The UK ICO Publishes Its Strategy on AI Governance

Rather than specifically regulating artificial intelligence (AI), the UK government has opted to rely on the existing web of laws and regulations applying to technology across a spectrum of sectors in its jurisdiction. But...more

CPPA’s First Enforcement Advisory Focuses on Applying Data Minimization Principles to Consumer Requests

On April 2, 2024, the Enforcement Division of the California Privacy Protection Agency (CPPA) issued Enforcement Advisory No. 2024-01. This first-ever enforcement advisory focuses on promoting compliance with California...more

Tennessee Law Addresses Proliferation of Deepfakes

Tennessee has enacted the Ensuring Likeness, Voice and Image Security (ELVIS) Act, which aims to protect individuals from the use of their persona in connection with “deepfakes” (i.e., fake content generated by artificial...more

AI Executive Order: The Ramifications for Business Become Clearer

Key Points - - In the months since the Biden administration issued a sweeping executive order directing government departments to implement policies to address the opportunities and risks associated with artificial...more

2024 Insights: Other Regulatory Developments

AI in 2024: Monitoring New Regulation and Staying in Compliance With Existing Laws Companies that develop or employ AI tools have to consider proposed AI-specific regulation as well as an array of existing IP, privacy,...more

AI in 2024: Monitoring New Regulation and Staying in Compliance With Existing Laws

Key Points The rapid adoption of artificial intelligence (AI) technology across the economy has raised a number of novel legal issues. In this article, we discuss five key issues to track in 2024, including:...more

AI Insights: Biden Administration Passes Sweeping Executive Order on Artificial Intelligence

On October 30, the U.S. government released its long-awaited, sweeping executive order (the AI EO or Order) on artificial intelligence (AI). The Order directs various U.S. government departments and agencies to evaluate AI...more

AI Insights: NAIC Releases Draft Model Bulletin Regarding Use of AI by Insurers

In July, the Innovation, Cybersecurity and Technology Committee of the National Association of Insurance Commissioners (NAIC) released an exposure draft of its model bulletin titled “Use of Algorithms, Predictive Models, and...more

SEC Proposes New Conflicts of Interest Rule for Use of AI by Broker-Dealers and Investment Advisers

The passage of omnibus federal legislation on the use of artificial intelligence (AI) is unlikely in the short term, but individual federal agencies continue to address the implementation of AI within the areas they regulate....more

AI Insights: Copyright Office Provides Guidance on the Registration of Works That Include AI-Generated Material

Copyright Office Provides Guidance on the Registration of Works That Include AI-Generated Material - During a June 2023 webinar, representatives of the Copyright Office provided much needed clarification and guidance on...more

China’s New Data Security and Personal Information Protection Laws: What They Mean for Multinational Companies

Two new Chinese laws dealing with data security and privacy came into force in the fall of 2021 that are likely to have an impact on many multinational companies operating in China or whose operations touch China. These two...more

Why Does the Brand of My Phone Affect My Credit Rating?

To capitalize on the promise of artificial intelligence and alternative data, boards need to anticipate and mitigate various risks. Takeaways - Hidden biases need to be prevented. - Neither regulators nor the public will...more

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