January saw activity in the copyright infringement lawsuit filed by a group of authors led by comedian Sarah Silverman against OpenAI. A magistrate judge ordered the AI pioneer to produce its datasets, which are used for...more
Crafting an AI Governance policy best suited for your business requires careful consideration of the types of AI, how AI will be used, current and future legislation, and a group of individuals specifically designated to...more
It was a busy year for AI in 2024, and the Benesch AI Commission continued to follow the headlines and stay on top of legal developments. We wanted to take a look back at the year while also looking forward with some...more
1/29/2025
/ Amazon ,
Artificial Intelligence ,
China ,
Emerging Technologies ,
EU ,
Innovation ,
Legal Technology ,
Machine Learning ,
New Legislation ,
Partnerships ,
Pending Litigation ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
Risk Management ,
Technology Sector
Pursuant to President Biden’s March Executive Order, the DOJ has proposed new rules limiting the transfer of certain categories of data to “countries of concern” or “covered persons”....more
12/13/2024
/ China ,
Covered Person ,
Covered Transactions ,
Data Security ,
Department of Justice (DOJ) ,
International Data Transfers ,
Personal Data ,
Proposed Rules ,
Russia ,
Sensitive Personal Information ,
Venezuela
Beginning January 1, 2026, Illinois employers must notify workers when using artificial intelligence (“AI”) to make employment-related decisions and could face regulatory enforcement and civil lawsuits if the deployment of AI...more
The Artificial Intelligence revolution is here to stay, and so is the need for establishing a corporate policy on the use of AI in the workplace. For business leaders, there are a range of considerations to address when...more
The AI sector continues to experience regulatory growing pains. Tech companies are struggling to comply with the EU’s new AI laws, which require more transparency in their model training. Meta, in particular, had to halt its...more
7/18/2024
/ Analytics ,
Artificial Intelligence ,
Big Tech ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright Infringement ,
EU ,
Google ,
Machine Learning ,
Microsoft ,
Minors ,
NAD ,
Regulatory Agenda
The U.S. Department of Transportation is seeking input from industry stakeholders on the role of artificial intelligence in the supply chain.
The DOT’s Advanced Research Projects Agency – Infrastructure is one of many...more
7/15/2024
/ Artificial Intelligence ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
Critical Infrastructure Sectors ,
Data Protection ,
Infrastructure ,
Risk Assessment ,
Supply Chain ,
Technology ,
Transportation Industry ,
U.S. Commerce Department
The U.S. Department of Transportation is seeking input from industry stakeholders on the role of artificial intelligence in the supply chain. The DOT’s Advanced Research Projects Agency – Infrastructure is one of many federal...more
7/12/2024
/ Artificial Intelligence ,
CARB ,
Carbon Emissions ,
Clean Energy ,
Common Carriers ,
Compliance ,
Department of Transportation (DOT) ,
Forced Labor ,
National Security ,
Nuclear Power ,
Supply Chain ,
Trucking Industry ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Vessels
In the entertainment industry, Sony Music asserted that AI companies don’t have permission to use its recording artists’ works for AI training. In response to the industry’s concerns over the use of AI, members of Congress...more
6/24/2024
/ Actors ,
Artificial Intelligence ,
Artists ,
Class Action ,
Copyright ,
Copyright Infringement ,
Deep Fake ,
Entertainment Industry ,
Executive Orders ,
Facial Recognition Technology ,
Google ,
International Olympic Committee (IOC) ,
Microsoft ,
Music ,
Music Industry ,
Musical Sound Recordings ,
Sony ,
Technology Sector ,
TikTok ,
U.S. Commerce Department
Businesses interacting with Utah residents should act quickly to ensure compliance with newly in effect obligations requiring certain disclosures regarding use of generative AI tools as Utah joins the growing patchwork of...more
Colorado’s comprehensive artificial intelligence legislation signals that future AI regulation is trending toward a state-by-state approach, like data privacy before it, unless federal legislation is enacted. ...more
The use of AI in the justice system and dispute resolution has become a significant topic of conversation. This suggests the first real legal limits on the technology may come from the courts instead of legislation. In one...more
Marking the first effort to establish an artificial intelligence (“AI”) governance structure for the federal government, the AI Memorandum contains requirements and recommendations for federal agencies’ AI use that...more
5/3/2024
/ Artificial Intelligence ,
Biden Administration ,
Executive Orders ,
Federal Contractors ,
Federal Procurement Systems ,
Governance Standards ,
Innovative Technology ,
OMB ,
Proposed Guidance ,
Public Agencies ,
Risk Management
The growth of cloud services, Software-as-a-Service (“SaaS”) and Infrastructure-as-a-Service (“IaaS”) arrangements, Artificial Intelligence (“AI”) models, and increased reliance on the use outsourced technology service...more
3/25/2024
/ Artificial Intelligence ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
Business Operations ,
Cyber Threats ,
Executive Orders ,
Export Controls ,
Information Technology ,
Information Technology Outsourcing ,
Innovative Technology ,
Machine Learning ,
National Security ,
NPRM ,
Outsourcing ,
Risk Assessment ,
Risk Mitigation ,
SaaS ,
Technology
Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most...more
As Benesch’s multidisciplinary AI Commission continues to stay abreast of AI-related developments and legal implications our clients should be aware of, we are proud to debut the firm’s AI Reporter: a monthly roundup of...more
2023 was a big year for cannabis and Ohio continues to be center stage for cannabis as the state looks to shape the future of its adult-use recreational cannabis program. With Issue 2 passing in November, Ohio became the...more
2/29/2024
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Decriminalization of Marijuana ,
Dispensaries ,
Licensing Rules ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Recreational Use ,
State and Local Government
On November 7, 2023, Ohio Voters approved a ballot initiative legalizing recreational marijuana throughout the state, marking Ohio as the 24th state to allow adult cannabis use for non-medical purposes.
The new law...more
As China pledges to become the world leader of artificial intelligence (AI) by 2030, it is charging ahead by implementing its own comprehensive AI rules, investing heavily in the technology and receiving sizable foreign...more
On the heels of the United Kingdom (UK) announcing its first global summit on artificial intelligence (AI) safety, British Prime Minister Rishi Sunak predicted that London could be the future epicenter of AI regulation. The...more
While the European Union sprints ahead with draft legislation to closely regulate artificial intelligence (AI), the United States (U.S.) lags behind its western counterpart, leaving little regulatory guidance for U.S. AI...more
8/10/2023
/ Advisory Committee ,
Artificial Intelligence ,
Biden Administration ,
Federal Trade Commission (FTC) ,
FTC Act ,
Government Agencies ,
Legislative Agendas ,
New Legislation ,
NIST ,
Proposed Legislation ,
Regulatory Agenda ,
Technology Sector
In the strongest regulatory move made against OpenAI since the launch of its Artificial Intelligence (AI) chatbot ChatGPT in November 2022, the Federal Trade Commission (FTC) has opened an investigation to determine whether...more
8/4/2023
/ Artificial Intelligence ,
CID ,
Consumer Protection Laws ,
Data Privacy ,
Data Security ,
Federal Trade Commission (FTC) ,
Investigations ,
Machine Learning ,
Personal Data ,
Popular ,
Unfair or Deceptive Trade Practices
2023 is just getting started, and already there have been important developments in Ohio involving cannabis with the promise of much more to come. Secretary of State Frank LaRose got things started on January 3 when he...more
House Bill 236, which has passed the Ohio House of Representatives, would regulate the processing of kratom and the sale of kratom products in Ohio. With House Bill 236’s enactment, Ohio would become the sixth state to...more