On March 24, 2025, Virginia Gov. Glenn Youngkin vetoed the High-Risk Artificial Intelligence Developer and Deployer Act (House Bill 2094). The bill, which had passed through the Virginia Legislature in February 2025, would...more
3/25/2025
/ Algorithms ,
Artificial Intelligence ,
Corporate Counsel ,
Employment Discrimination ,
New Legislation ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Management ,
State Legislatures ,
Technology Sector ,
Trump Administration
The U.S. Court of Appeals for the D.C. Circuit has affirmed a district court ruling that human authorship is a bedrock requirement to register a copyright, and that an artificial intelligence system cannot be deemed the...more
3/21/2025
/ Appeals ,
Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Litigation ,
Copyright Office ,
Copyright Registration ,
Copyrightable Subject Matter ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Ownership of Works ,
Technology Sector
In an unexpected development, the judge in Thomson Reuters v. Ross Intelligence — a case concerning the use of copyrighted material to train an artificial intelligence (AI) model — reversed much of his 2023 decision denying...more
2/14/2025
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Data Collection ,
Fair Use ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
Technology ,
Thomson Reuters
On 5 February 2025, Skadden hosted a series of panel discussions looking at the evolving EU, UK and US crypto-asset landscape... The discussion explored how market participants and investors can best anticipate and prepare...more
2/13/2025
/ AML/CFT ,
Blockchain ,
Compliance ,
Corporate Governance ,
Cryptocurrency ,
Digital Assets ,
Enforcement Priorities ,
EU ,
Financial Crimes ,
Financial Regulatory Reform ,
FinTech ,
Regulatory Agenda ,
Sanctions ,
UK
President Trump has taken the first steps toward fulfilling his promise to reverse the Biden administration’s approach to digital assets by issuing an executive order that establishes a framework for fostering the growth of...more
2/10/2025
/ Biden Administration ,
Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Executive Orders ,
Financial Services Industry ,
FinTech ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Revocation ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Technology Sector ,
Trump Administration
The United States Copyright Office (USCO) has released its report on the copyrightability of outputs generated by artificial intelligence (AI) systems (the Report). This is the second of three reports the USCO plans to...more
As Trump administration directives emerge, it’s crucial for businesses and other stakeholders to stay informed and adapt their strategies accordingly. We will provide ongoing coverage of these developments and their potential...more
2/4/2025
/ Affirmative Action ,
Artificial Intelligence ,
Climate Change ,
Cybersecurity ,
Diversity and Inclusion Standards (D&I) ,
Energy Sector ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Federal Contractors ,
Financial Regulatory Reform ,
Healthcare ,
Intellectual Property Protection ,
International Litigation ,
International Trade ,
Legislative Agendas ,
Life Sciences ,
National Security ,
New Legislation ,
New Regulations ,
OECD ,
Privacy Laws ,
Regulatory Agenda ,
Technology Sector ,
Trade Policy ,
Trump Administration
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
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
1/15/2025
/ Artificial Intelligence ,
Corporate Governance ,
Cryptocurrency ,
Cybersecurity ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Machine Learning ,
National Security ,
New Legislation ,
Presidential Appointments ,
Regulatory Agenda ,
State and Local Government ,
Technology Sector ,
Trump Administration
Key Points -
- A Republican president and Congress are expected to be more supportive of digital assets than the current administration.
- There is a reasonable chance that legislation creating a regulatory framework...more
1/15/2025
/ Banking Sector ,
Capital Markets ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Federal Bank Regulatory Agencies ,
Financial Regulatory Reform ,
Financial Services Industry ,
Legislative Agendas ,
Regulatory Agenda ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Technology Sector ,
Trump Administration
While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more
While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more
12/9/2024
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
DMCA ,
Intellectual Property Protection ,
Machine Learning ,
Popular ,
Technology ,
The Copyright Act
In this edition of Insights, we take a closer look at the megadeals and sponsor transactions driving recent M&A activity, the importance of staying ahead of the risks in AI development and deployment, and other diverse...more
9/30/2024
/ Acquisitions ,
Administrative Procedure Act ,
Artificial Intelligence ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Corporate Governance ,
Delaware General Corporation Law ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Machine Learning ,
Mergers ,
Non-Compete Agreements ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Authority ,
Regulatory Requirements ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Shareholder Litigation ,
Shareholders ,
Technology Sector
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
9/30/2024
/ Artificial Intelligence ,
Corporate Governance ,
Cybersecurity ,
Data Privacy ,
NIST ,
Popular ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Management ,
Technology Sector ,
U.S. Commerce Department
California has enacted three new bills in an effort to curb the spread of misinformation and deceptive election content.
The bills — AB 2655, AB 2839 and AB 2355 — aim to strengthen protections against digitally altered...more
9/27/2024
/ Artificial Intelligence ,
Artificial Reproduction ,
California ,
Deep Fake ,
Governor Newsom ,
Legislative Agendas ,
New Legislation ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures ,
Technology Sector
In the absence of federal legislation addressing the development and deployment of artificial intelligence (AI) systems, individual states continue to fill that void by enacting state-specific legislation....more
9/25/2024
/ Advertising ,
Artificial Intelligence ,
Artificial Reproduction ,
California ,
Cybersecurity ,
Data Privacy ,
Deep Fake ,
Governor Newsom ,
Intellectual Property Protection ,
Legislative Agendas ,
New Legislation ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government ,
Technology Sector
On September 9, 2024, the Chief Accountant of the U.S. Securities and Exchange Commission (SEC), Paul Munter, delivered remarks describing circumstances in which, in the SEC staff’s view, entities may engage in cryptoasset...more
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
9/10/2024
/ Algorithms ,
Antitrust Division ,
Artificial Intelligence ,
Banking Sector ,
Board of Directors ,
Competition ,
Corporate Governance ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement Actions ,
EU ,
Financial Institutions ,
FinTech ,
Multinationals ,
Price-Fixing ,
Regulatory Agenda ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management ,
Sustainability ,
Technology Sector ,
UK
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
9/4/2024
/ Artificial Intelligence ,
Corporate Governance ,
Cybersecurity ,
Data Privacy ,
EU ,
Machine Learning ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Assessment ,
Risk Management ,
Technology Sector ,
UK
On August 12, 2024, the Consumer Financial Protection Bureau (CFPB or Bureau) provided comments on the use of artificial intelligence (AI) in the financial services sector that are among its most extensive regarding risks and...more
On July 31, 2024, the United States Copyright Office (Copyright Office) published a report urging Congress to create a federal law protecting individuals against unauthorized artificial intelligence (AI) generated digital...more
Explore the unique considerations for mergers and acquisitions in the AI sector, the return of IPOs, the implications of new Supreme Court decisions and other developments in this edition of Skadden’s quarterly Insights....more
6/27/2024
/ Acquisitions ,
Antitrust Provisions ,
Banking Sector ,
Capital Markets ,
Consumer Financial Products ,
Consumer Protection Laws ,
Corporate Governance ,
Environmental Social & Governance (ESG) ,
EU ,
Executive Compensation ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
FinTech ,
Food and Drug Administration (FDA) ,
Intellectual Property Protection ,
Life Sciences ,
Mergers ,
Private Equity ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Technology
The newly approved Artificial Intelligence Act (AI Act or the Act) aims to create a secure and trustworthy environment for the development and use of AI in the European Union....more
6/27/2024
/ Artificial Intelligence ,
Compliance ,
Consumer Financial Products ,
Consumer Protection Laws ,
Cybersecurity ,
Data Privacy ,
EU ,
FinTech ,
General Data Protection Regulation (GDPR) ,
Intellectual Property Protection ,
Privacy Laws ,
Technology Sector
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
6/24/2024
/ Artificial Intelligence ,
Colorado ,
Consumer Financial Products ,
Consumer Protection Laws ,
Cybersecurity ,
Data Privacy ,
Disclosure Requirements ,
FinTech ,
Machine Learning ,
New Legislation ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management
The recent California district court decision dismissing the complaint in X Corp. v. Bright Data Ltd. could have significant implications for companies that rely on their terms of use to prohibit unauthorized “data scraping”...more
5/22/2024
/ Artificial Intelligence ,
Copyright ,
Copyright Litigation ,
Copyright Registration ,
Corporate Counsel ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Motion to Dismiss ,
Preemptive Challenges ,
Technology ,
The Copyright Act ,
Web Scraping