On April 4, the Division of Corporation Finance of the US Securities and Exchange Commission (SEC) issued a statement providing clarity on the application of federal securities laws to stablecoins, specifically those designed...more
On April 4, US Securities and Exchange Commission (SEC) Commissioner Caroline A. Crenshaw, the sole Democrat serving as a Commissioner, issued a statement critiquing the Division of Corporation Finance’s analysis in its...more
2025 will be a transformational year for the beverage and food industry, which has already been dramatically impacted by shifting market trends and profound policy changes. Here are the top five topics influencing the...more
3/25/2025
/ America First Trade Policy ,
Artificial Intelligence ,
Beverage Manufacturers ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Safety ,
International Trade ,
PFAS ,
Regulatory Agenda ,
Regulatory Requirements ,
Supply Chain ,
Tariffs ,
Trump Administration
With 2025 underway, the AFS Consumer Products team highlights some of the most pressing legal issues facing the consumer products industry this year....more
The US Copyright Office recently released Part 2 of its Copyright and Artificial Intelligence Report, addressing the copyrightability of outputs generated from artificial intelligence (AI) systems. This report is the second...more
Colorado made history in May 2024 when it became the first state to adopt a comprehensive artificial intelligence (AI) consumer protection law. This landmark legislation has inspired other states, including Virginia, to...more
3/7/2025
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Compliance ,
Consumer Protection Laws ,
Data Privacy ,
Disclosure Requirements ,
Discrimination ,
Enforcement ,
Risk Management ,
State Privacy Laws ,
Transparency
As several dozen copyright infringement cases against artificial intelligence (AI) developers continue to proceed through the federal courts, a recent ruling in the District of Delaware suggests that the fair-use defense...more
In 2025, the retail and fashion industries are bracing for a transformative year, heavily influenced by the policies of the new Trump Administration. These policies promise rapid and significant changes, particularly in areas...more
2/20/2025
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
CIPA ,
Class Action ,
Commercial Bankruptcy ,
Compliance ,
Data Privacy ,
E-Commerce ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Form I-9 ,
Immigration ,
Independent Contractors ,
Influencers ,
International Trade ,
Mergers ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
NAD ,
PFAS ,
Private Attorneys General Act (PAGA) ,
Public Health ,
Retailers ,
Supply Chain ,
Tariffs ,
Terms of Use ,
Tracking Systems ,
Trump Administration ,
Workplace Investigations
As artificial intelligence (AI) continues to develop at a rapid pace, even the most sophisticated general counsel (GC) and in-house legal teams will be hard pressed to keep up with the evolving legal landscape....more
2/6/2025
/ Artificial Intelligence ,
Compliance ,
Copyright ,
Data Privacy ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Intellectual Property Protection ,
Open Source Software ,
Patents ,
Popular ,
Privacy Laws ,
Risk Management ,
State Privacy Laws ,
Transparency
On December 21, 2024, New York Governor Kathy Hochul signed into law the New York State Fashion Workers Act, which imposes new regulatory obligations on fashion companies, advertising agencies, model management companies, and...more
2/5/2025
/ Artificial Intelligence ,
Compliance ,
Contract Terms ,
Department of Labor (DOL) ,
Employee Rights ,
Fashion Industry ,
Fiduciary Duty ,
Labor Reform ,
New Legislation ,
Penalties ,
State Labor Laws ,
Wage and Hour
In its most recent effort to keep pace with advancing technology, the US Food and Drug Administration (FDA) recently issued two draft guidances on the use of artificial intelligence (AI) in the context of drugs, biologics,...more
1/22/2025
/ Artificial Intelligence ,
Biologics ,
Data Privacy ,
Draft Guidance ,
Food and Drug Administration (FDA) ,
Machine Learning ,
Medical Devices ,
New Guidance ,
Pharmaceutical Industry ,
Prescription Drugs ,
Regulatory Requirements ,
Risk Assessment ,
Risk Management
On January 3, the US Surgeon General issued an advisory on the association between alcohol and the risk of cancer. The alcohol beverage industry has swiftly responded highlighting conflicting studies and federal guidelines....more
The parents of two Texas children recently brought a lawsuit against Character Technologies, Inc., alleging that its chatbot, Character.AI, encouraged self-harm, violence, and provided sexual content to their children. They...more
In a pending lawsuit in the US District Court for the Southern District of New York (SDNY), OpenAI Inc. recently failed to convince the court to dismiss allegations that it improperly removed copyright management information...more
Plaintiffs Dow Jones & Company, Inc., NYP Holdings, Inc., and corporate parent News Corporation have renewed their intellectual property (IP) complaint against artificial intelligence (AI)-powered “answer engine” Perplexity...more
OpenAI finds itself embroiled in another major copyright infringement lawsuit — this time in Canada. Similar to cases filed by major news organizations in the United States, a group of Canada’s biggest news and media...more
In recent years, Americans and policymakers in Washington, DC, have become increasingly fixated on artificial intelligence (AI), especially generative AI, and the economic and social considerations associated with the...more
When one hears the term “neural data,” a brain implant comes to mind, alongside concerns about these neurotechnologies being able to read our innermost thoughts. Generally, implantable devices such as these are considered...more
On September 29, California Governor Gavin Newsom vetoed SB 1047, one of the most ambitious efforts yet to establish a comprehensive artificial intelligence (AI) regulatory framework in the United States. But for all of the...more
10/2/2024
/ Artificial Intelligence ,
California ,
Contract Terms ,
Deep Fake ,
Disclosure Requirements ,
Governor Newsom ,
Healthcare ,
Insurance Industry ,
Machine Learning ,
New Legislation ,
Political Advertising ,
Pornography ,
Privacy Laws ,
Regulatory Standards ,
Telemarketing ,
Training
As the prevalence of artificial intelligence (AI) continues to rise, complex questions regarding the regulation of AI data scraping remain relevant to both website owners and web data collection companies. Though many...more
On May 17, Colorado Governor Jared Polis signed into law the Colorado Artificial Intelligence Act (SB 205), making the state the first to enact a comprehensive legislative framework to regulate artificial intelligence (AI)...more
The US Senate’s Bipartisan AI Policy Roadmap is a highly anticipated document expected to shape the future of artificial intelligence (AI) in the United States over the next decade. This comprehensive guide, which complements...more
5/20/2024
/ Artificial Intelligence ,
Congressional Investigations & Hearings ,
Disclosure Requirements ,
Intellectual Property Protection ,
Investigations ,
Investment ,
Liability ,
Machine Learning ,
Name and Likeness ,
Privacy Laws ,
Research and Development ,
Transparency
The US Department of Labor (DOL) issued guidance this week on the impact of workplace artificial intelligence (AI) on federal labor and employment standards enforced by the Wage and Hour Division.
The guidance, delivered...more
The Federal Trade Commission (FTC) has published a notice of proposed rulemaking seeking public comments on potential improvements to the Energy Labeling Rule.
The Energy Labeling Rule, designed to aid consumers in...more
With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year.
In 2024, media and entertainment businesses will focus on whether the longstanding tenet...more
3/27/2024
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Authorship ,
Business Development ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Copyright ,
Copyright Office ,
Defamation ,
Entertainment Industry ,
EU ,
Fair Use ,
General Data Protection Regulation (GDPR) ,
Jack Daniels Properties Inc v VIP Products LLC ,
Machine Learning ,
Media ,
MLB ,
NBA ,
NHL ,
SCOTUS ,
UK ,
USPTO