The Commerce Department’s Bureau of Industry and Security (BIS) has released a pair of long-awaited rules that impose additional export controls on advanced computing integrated circuits (ICs) and artificial intelligence (AI)...more
Assessing Risks and Impacts of AI (ARIA) is a research program by the National Institute of Standards and Technology (NIST) aimed at developing evaluation methods and criteria that assess AI’s risks and impacts in real-world...more
On Dec. 8, the European Union (EU) updated its Product Liability Directive (PLD) to, inter alia, specifically address AI software. This directive must next be “transposed,” or written into law by each of the 27 member states....more
On September 28, California Gov. Gavin Newsom signed Senate Bill 1120 Health Care Coverage: Utilization Review into law, amending § 1367.01 of the Health and Safety Code and § 10123.135 of the state’s Insurance Code....more
11/8/2024
/ Amended Legislation ,
Artificial Intelligence ,
Audits ,
Centers for Medicare & Medicaid Services (CMS) ,
Compliance ,
Duty of Oversight ,
Employer Group Health Plans ,
Governor Newsom ,
Health and Safety ,
Health Insurance ,
Insurance Code ,
Medicare Advantage Organizations (MAOs) ,
New Legislation ,
Penalties ,
Qualified Health Plans
Walking away from Digital Health Counsel 2024 AI Summit, the stunning impact that AI and data-powered innovation are making on healthcare is undeniable. Organized by Ogden Murphy Wallace and sponsored by Fenwick, the summit...more
As required under the October 30, 2023, Executive Order 14110 on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI), the White House issued a memorandum providing further direction on...more
The European Data Protection Board (EDPB) recently adopted a statement suggesting the Data Protection Authorities’ (DPAs) role with regard to the EU AI Act recently published in the Official Journal of the EU....more
The Federal Trade Commission (FTC) has issued a cautionary note to companies that employ artificial intelligence (AI) chatbots, signaling heightened scrutiny over their use. Through a series of blog posts in the past year,...more
If you're looking for a global update on the world of patents and generative AI (GenAI), look no further than the recent Patent Landscape Report: Generative AI by the World Intellectual Property Organization (WIPO). ...more
In February, U.S. Securities and Exchange Commission Chair Gary Gensler gave stern warnings regarding the practice of “AI Washing,” that is, companies exaggerating or otherwise misrepresenting their use of AI and machine...more
In order to train generative AI models, in particular frontier large language models (LLMs) and multimodal models, it is necessary to perform vast amounts of computations, typically carried out on massive clusters of Graphics...more
AI “red teaming” involves simulating attacks on AI systems to uncover vulnerabilities and enhance security. It is becoming an increasingly important practice, as regulatory frameworks—such as the National Institute of...more
The Federal Trade Commission has posted a new Business Blog highlighting five important don'ts for companies employing AI-powered chatbots...more
Large language models (LLMs) have a well-known propensity to “hallucinate,” or provide false information in response to the user's prompt—note that the National Institute of Standards and Technology's preferred term for this...more
Delving into the realm of artificial intelligence (AI) can feel intimidating for beginners. To ease into this complex field, Wharton professor Ethan Mollick, suggests experiencing AI through play—that is, just try to do...more
regulators. The U.S. Food and Drug Administration’s (FDA) Center for Devices and Radiological Health (CDRH) regulates medical devices, including software-as-a-medical-device (SaMD). Several years ago, the FDA upgraded its...more
On February 15, 2024, the FTC published the Rule on Impersonation of Government and Businesses, permitting the FTC to file federal court cases directly against scammers to return the money made while impersonating government...more
The Federal Trade Commission (FTC) continues to issue guidance on the use of generative artificial intelligence (AI) and the potential regulatory scrutiny facing companies and creators using these new tools in the market....more
9/7/2023
/ Artificial Intelligence ,
Copyright ,
Digital Media ,
Federal Trade Commission (FTC) ,
FTC Act ,
Intellectual Property Protection ,
Online Platforms ,
Popular ,
Software ,
Software Developers ,
Technology Sector
In February 2023, the Federal Trade Commission (FTC) issued guidance to companies to keep their artificial intelligence (AI) claims in check and urged them not to exaggerate the capabilities of their AI products or...more
Generative artificial intelligence (AI) and the synthetic media it is capable of producing are clearly all the rage these days, but there are still many lingering questions about how to responsibly develop, use and host such...more
A few short days after 19 children and two teachers were killed in Uvalde, Texas, Axon Enterprise, a leading provider of law enforcement technology solutions including the Taser, announced plans to develop “non-lethal armed...more
In This Issue -
Transformative Fair Use: Does Andy Warhol Qualify?
On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation v. Goldsmith, a case concerning whether Andy Warhol’s use of Lynn...more
8/9/2022
/ Abandonment ,
Appeals ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Misappropriation ,
Patent Infringement ,
Patent Litigation ,
Patents ,
SCOTUS ,
The Copyright Act ,
Trade Secrets ,
Trademark Expiration ,
Trademark Litigation ,
Trademarks ,
Transformative Use
Ever since the first Terminator movie was released, we have seen portrayals of robots taking over the world. Now we are at the beginning of a process by which technology—specifically, artificial intelligence—will enable the...more
In This Issue -
Artificial Intelligence: Deepfakes in the Entertainment Industry —
Advances in “deepfake” media techniques that use deep learning AI—from uncanny impersonation videos of Tom Cruise and other...more
2/1/2022
/ Artificial Intelligence ,
Copyright ,
Copyright Litigation ,
Digital Copies ,
Employees ,
Entertainment Industry ,
Ex Partes Reexamination ,
Expungement ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Prior Art ,
The Copyright Act ,
Trade Secrets ,
Trademark Litigation ,
Trademark Modernization Act (TMA) ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO