Driven by the demand for AI-ready cloud infrastructure, the market cap for global data center construction, currently valued at more than $250 billion, is set to double in less than ten years, reaching half a trillion dollars...more
2/7/2025
/ Contract Terms ,
Data Centers ,
Data Security ,
Energy Consumption ,
Energy Costs ,
Energy Sector ,
Infrastructure ,
Licenses ,
Popular ,
Regulatory Requirements ,
Risk Management ,
Service Level Agreements ,
Software
On January 13, 2025, Texas Attorney General Ken Paxton (“Texas AG”) filed the first-ever enforcement action under the Texas Data Privacy and Security Act (“TDPSA”) against insurance company Allstate and its subsidiary, Arity...more
2/5/2025
/ Compliance ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Geolocation ,
Insurance Industry ,
Personal Data ,
Privacy Laws ,
State Attorneys General ,
State Privacy Laws ,
Texas
On November 7, 2024, the Transportation Security Administration (the “TSA”) published a Notice of Proposed Rulemaking (the “Proposed Rule”) that would mandate cyber risk management (“CRM”) and reporting requirements for...more
2/4/2025
/ Compliance ,
Critical Infrastructure Sectors ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Financial Oversight and Management Board (Oversight Board) ,
NPRM ,
Proposed Rules ,
Regulatory Agenda ,
Reporting Requirements ,
Risk Management ,
Surface Transportation ,
TSA
On January 13, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued its Framework for Artificial Intelligence Diffusion, an Interim Final Rule revising the Export Administration Regulations...more
1/24/2025
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Compliance ,
Export Administration Regulations (EAR) ,
Export Controls ,
Final Rules ,
Licenses ,
Microchip Technology ,
National Security ,
Regulatory Requirements ,
Semiconductors ,
Supply Chain ,
Technology Sector
On January 14, 2025, President Joe Biden issued an executive order aimed at advancing U.S. leadership in AI infrastructure (the “Order”). This directive seeks to address the growing strategic importance of artificial...more
1/15/2025
/ Artificial Intelligence ,
Biden Administration ,
Clean Energy ,
Data Centers ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Energy Consumption ,
Energy Sector ,
Executive Orders ,
Infrastructure ,
National Security ,
Regulatory Agenda ,
Renewable Energy
The incoming Trump administration is expected to make several policy changes likely to impact tech transactions. President-elect Donald Trump has promised to reduce regulation and cut federal bureaucracy, which he says have...more
1/9/2025
/ America First Trade Policy ,
Antitrust Division ,
Antitrust Provisions ,
Artificial Intelligence ,
Bias ,
Buy American Act ,
Censorship ,
Competition ,
Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Justice (DOJ) ,
Emerging Technologies ,
Export Controls ,
Federal Trade Commission (FTC) ,
Mergers ,
National Security ,
Patents ,
Presidential Nominations ,
Regulatory Reform ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
Trump Administration ,
USPTO ,
USTR
On July 30, 2024, Meta Platforms, Inc. (formerly known as Facebook, Inc.) agreed to pay $1.4 billion to the State of Texas to settle a lawsuit alleging that Meta unlawfully captured and used biometric identifiers of millions...more
The Texas Data Privacy and Security Act (“TDPSA” or the “Act”) came into effect on July 1, 2024. The TDPSA applies to any person who (i) conducts business in the state of Texas or produces a product or service consumed by...more
Many companies are considering or currently engaging in acquisitions or investments in startups and established providers of artificial intelligence (“AI”) technology. They see opportunities to leverage AI to build and...more
On February 28, 2024, President Joe Biden issued a landmark Executive Order titled “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” (the...more
On December 8, 2023, representatives of the European Council and the European Parliament reached a provisional agreement on the EU’s Artificial Intelligence Act (“AI Act”). Although the final text of the AI Act remains...more
Please join us for our quarterly Technology Series where the Vinson & Elkins team will provide an overview of standard technology agreements....more
On October 30, 2023, President Biden issued an Executive Order (“Order”) that drastically increased the U.S. government’s engagement with artificial intelligence (“AI”). The sweeping Order touches on everything from bias in...more
11/1/2023
/ Algorithms ,
Antitrust Violations ,
Artificial Intelligence ,
Critical Infrastructure Sectors ,
Cyber Insurance ,
Cybersecurity ,
Data Privacy ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Discrimination ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Intellectual Property Protection ,
Joe Biden ,
National Security ,
Popular ,
Public Health
In advance of its September 8, 2023 board meeting, the California Privacy Protection Agency (“CPPA”), the state’s privacy regulatory body, has unveiled draft regulations that could significantly impact cybersecurity...more
9/7/2023
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Management ,
Regulatory Agenda ,
Risk Assessment ,
State Privacy Laws
On July 23, 2023, the Biden administration announced that seven AI companies have made voluntary commitments to adopt measures to develop safer AI technology.1 These companies made these commitments in recognition of the...more
On July 26, 2023, the Securities and Exchange Commission (“SEC”) voted to approve final rules governing cybersecurity disclosures of public companies (“Final Rules”). The Final Rules make meaningful changes to the current and...more
On July 10, 2023, the European Commission (the “Commission”) adopted an adequacy decision for the EU-U.S. Data Privacy Framework (the “Framework”).
The Framework provides companies that opt in with a legitimate means of...more
7/14/2023
/ Cross-Border ,
Cybersecurity ,
Data Privacy ,
Data Transfers ,
EU ,
EU-US Privacy Shield ,
European Commission ,
European Economic Area (EEA) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
US-EU Safe Harbor Framework
Welcome to Vinson & Elkins’ Securities and ESG Updates. Our aim is to provide insights into notable developments in securities reporting and the environmental, social and governance space over the quarter and, where...more
7/13/2023
/ C&DIs ,
Climate Change ,
COSO ,
Cybersecurity ,
Disclosure Requirements ,
Diversity ,
Divestment ,
Environmental Justice ,
Environmental Social & Governance (ESG) ,
Greenwashing ,
Nasdaq ,
No-Action Letters ,
NYSE ,
Proxy Season ,
Repurchases ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Universal Proxy Cards
The EU is one step closer to approving regulation of AI systems, which, in addition to AI design rules in China, would be the first of their kind. On June 14, 2023, the European Parliament voted overwhelmingly to adopt the...more
The European Union’s (“EU”) Data Protection Commission (the “Commission”) recently fined Meta Ireland $1.3 billion (or €1.2 billion) for improper data transfers from the European Economic Area (“EEA”) to the United States in...more
Texas will soon join the growing list of states that have passed comprehensive data privacy legislation. House Bill 4, the Texas Data Privacy and Security Act (“TDPSA” or the “Act”), has a broad reach and will apply to all...more
6/1/2023
/ California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Data Controller ,
Data Privacy ,
Data Processors ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Opt-Outs ,
Proposed Legislation ,
State Labor Laws ,
Texas
On March 29, 2023, California’s Office of Administrative Law (OAL) approved the California Privacy Protection Agency (CPPA) Board’s initial package of regulations under the California Privacy Rights Act (CPRA)....more
Artificial intelligence (AI) models are transforming industries and the workplace. While few companies will create AI models from scratch, most will find themselves licensing AI models from others. Negotiating those licenses...more
Global sales of electric vehicles (“EVs”) more than doubled in 2021 over 2020, from 3 million to 6.6 million, and sales were up 60% in the first quarter of 2022 over the same period in 2021.1 With this explosive growth in the...more