On April 16, the House Select Committee on the Chinese Communist Party (CCP) published a report on the Chinese company DeepSeek’s AI model with findings from the committee’s investigation into DeepSeek.
The report...more
4/25/2025
/ Artificial Intelligence ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Export Controls ,
New Legislation ,
NVIDIA ,
Popular ,
Technology Sector ,
Trump Administration ,
U.S. Commerce Department
On April 1, the Department of Commerce (Commerce) launched a Section 232 investigation into the national security of semiconductor imports. On April 16, Commerce published a Request for Information (RFI) seeking public...more
4/21/2025
/ Artificial Intelligence ,
Biden Administration ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Controls ,
Fraud ,
National Security ,
Popular ,
Semiconductors ,
Trump Administration ,
U.S. Commerce Department
Following President Trump’s Executive Order on Reducing Anti-Competitive Regulatory Barriers, the FTC—led by Chairman Andrew Ferguson—launched a public inquiry this week into “how federal regulations can harm competition in...more
On April 7, the White House Office of Management and Budget (OMB) released two memoranda on revised policies for the federal government’s acquisition and adoption of AI, pursuant to President Trump’s January AI Executive...more
4/14/2025
/ Artificial Intelligence ,
Coal Industry ,
Data Centers ,
Energy Policy ,
Executive Orders ,
Government Agencies ,
Intellectual Property Protection ,
New Guidance ,
OMB ,
Regulatory Reform ,
Technology Sector ,
Trump Administration
On March 27, the Department of Justice Antitrust Division submitted a Statement of Interest (SOI) in a pricing algorithm case, in which it continues to argue that the use of third-party algorithmic price devices may...more
4/7/2025
/ Algorithms ,
Antitrust Division ,
Antitrust Violations ,
Artificial Intelligence ,
Biden Administration ,
Collusion ,
Department of Justice (DOJ) ,
Hotels ,
Motion to Dismiss ,
Price-Fixing ,
Sherman Act ,
Software ,
Technology Sector ,
Trump Administration
On March 18, the US Court of Appeals for the DC Circuit ruled that an AI model cannot be the author of copyrighted material under existing copyright law. The court affirmed the US Copyright Office’s long-standing human...more
3/31/2025
/ Algorithms ,
Appeals ,
Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Litigation ,
Copyright Office ,
Machine Learning ,
NIST ,
Popular ,
The Copyright Act
The Trump administration’s Office of Science and Technology Policy received 8,755 comments in response to its Request for Information for the development of its AI Action Plan implementing the Trump AI Executive Order issued...more
3/24/2025
/ Artificial Intelligence ,
Copyright ,
Data Security ,
Executive Orders ,
Export Controls ,
Infrastructure ,
Intellectual Property Protection ,
Machine Learning ,
National Security ,
Preemption ,
Regulatory Requirements ,
Research and Development ,
Shareholders ,
State and Local Government ,
Technology Sector
The Department of Justice (DOJ), along with 38 state attorneys general, has backed away from part of its proposed remedy in the Google antitrust case that would have required Google to divest its AI investments and forgo...more
The emergence of DeepSeek has complicated the outlook for the amount of investment necessary in data centers and electricity generation for AI advancements. Against that backdrop, on March 5, the House Committee on Energy and...more
3/10/2025
/ Artificial Intelligence ,
China ,
Clean Energy ,
Data Centers ,
Electric Generation Suppliers ,
Electricity ,
Energy Policy ,
Energy Sector ,
Infrastructure ,
Investment ,
Regulatory Agenda ,
Technology Sector ,
Trump Administration
On February 12, the Senate unanimously passed the TAKE IT DOWN Act, which would criminalize the publication of non-consensual intimate imagery. The bill is now in the House, where it has bipartisan support and is expected to...more
On February 11, Vice President JD Vance delivered remarks to world leaders, policymakers, and technology executives at the AI Action Summit in Paris, France. His speech provided a public look into how the Trump administration...more
On February 6, the White House Office of Science and Technology Policy (OSTP) published a Request for Information (RFI) seeking public comments on the development of the Trump administration’s AI Action Plan. President...more
The United States Copyright Office issued the second part of its Report on Copyright and Artificial Intelligence (Report), which focuses on the question of how AI affects copyrightability.
This segment of the Report...more
After the FTC issued a replacement of the 2016 Antitrust Guidance for Human Resource Professionals on January 16, 2025, Commissioner – now Chair – Andrew N. Ferguson, joined by Commissioner Melissa Holyoak, punctuated his...more
1/31/2025
/ Antitrust Division ,
Antitrust Provisions ,
Banking Sector ,
Competition ,
Consumer Financial Products ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Mergers ,
New Legislation ,
Non-Compete Agreements ,
Proposed Legislation ,
Unfair Competition
The breakthrough of the Chinese company DeepSeek’s AI model, which rivals leading US AI models but costs a fraction to develop, changes the equation for the Trump administration and calls into question its initial inclination...more
In his first week in office, President Trump took three significant actions on AI that lay the foundation for a new deregulatory approach to AI at the federal level.
On Inauguration Day, Trump repealed President Biden’s...more
1/27/2025
/ Artificial Intelligence ,
Biden Administration ,
Due Diligence ,
Executive Orders ,
Infrastructure ,
Investment ,
National Security ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Technology Sector ,
Trump Administration
President Biden’s final week in office included three AI actions — a new rule on chip and AI model export controls, an executive order on AI infrastructure and data centers, and an executive order on cybersecurity.
On...more
1/20/2025
/ Artificial Intelligence ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
Cybersecurity ,
Data Centers ,
Executive Orders ,
Export Controls ,
Final Rules ,
National Security ,
Regulatory Agenda ,
Technology Sector
The Federal Trade Commission (FTC) announced Friday increased jurisdictional thresholds for (1) notifications under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act), (2) the HSR Act filing fee schedule,...more
1/15/2025
/ Antitrust Division ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
The Clayton Act ,
Threshold Requirements
The FTC staff recently published a blog post outlining four factors for companies to consider when developing or deploying AI products to avoid running afoul of the nation’s consumer protection laws.
The blog post does...more
1/13/2025
/ Artificial Intelligence ,
Child Abuse ,
Child Pornography ,
Compliance ,
Consumer Protection Laws ,
Data Privacy ,
Data Protection ,
Deep Fake ,
Due Diligence ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Regulatory Agenda ,
Risk Management ,
Risk Mitigation
The end of December, especially before a change in administration and a new Congress in January, is a slow time in Washington, DC, but this week, we highlight the few recent AI developments that have come out of our nation’s...more
On December 18, Congress passed the FY 2025 National Defense Authorization Act (NDAA), which includes a number of AI provisions. The NDAA is expected to be signed into law by President Biden.
The NDAA includes the first –...more
On the heels of President-Elect Trump’s announcement of the appointment of Mark Meador to the Federal Trade Commission (FTC) and designation of current Republican Commissioner Andrew Ferguson as the agency’s chair, the FTC...more
On December 5, incoming President Donald Trump announced that David Sacks would be the “AI and Crypto Czar” under the next administration.
A prominent venture capitalist, member of the “PayPal Mafia,” and co-founder of an...more
12/13/2024
/ Artificial Intelligence ,
China ,
Cryptocurrency ,
Deregulation ,
Emerging Technologies ,
Federal Trade Commission (FTC) ,
Investment ,
National Security ,
Nominations ,
Popular ,
Research and Development ,
Trump Administration
On November 19, the Senate Commerce Committee’s Subcommittee on Consumer Protection, Product Safety, and Data Security convened a hearing on “Protecting Consumers from Artificial Intelligence Enabled Fraud and Scams.”
The...more
11/25/2024
/ Artificial Intelligence ,
Consumer Protection Laws ,
Data Security ,
Deep Fake ,
Enforcement ,
Expert Testimony ,
Federal Trade Commission (FTC) ,
Fraud ,
Individual Accountability ,
Privacy Laws ,
Proposed Legislation ,
Risk Management ,
Risk Mitigation ,
Scams
As January 20, 2025, approaches, antitrust practitioners and the business communities are searching for clues whether the incoming Trump Administration and its antitrust officials will continue the Biden Administration’s...more
11/20/2024
/ Algorithms ,
Amicus Briefs ,
Antitrust Litigation ,
Antitrust Provisions ,
Appeals ,
Artificial Intelligence ,
Class Action ,
Conspiracies ,
Contract Terms ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Healthcare ,
Information Sharing ,
Landlords ,
Risk Assessment ,
Sensitive Personal Information ,
Sherman Act ,
Software