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For organizations developing or substantially modifying highly capable artificial intelligence models, the New York Responsible AI Safety and Education Act represents a meaningful escalation beyond California's S.B. 53, even though it applies to a narrower group of developers, so companies should expect additional obligations, particularly around accelerated incident reporting, say attorneys at Kilpatrick.
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Three recent enforcement actions against Spero Therapeutics, Lottery.com and Archer-Daniels-Midland demonstrate that while public companies are subject to liability for misrepresentations, the U.S. Securities and Exchange Commission is focused on individual liability when disclosure violations involve so-called half-truths, say attorneys at Cooley.
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A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.
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As the Aug. 2 deadline approaches to comply with provisions of the EU Artificial Intelligence Act governing high-risk AI systems, intellectual property and AI leaders should consider steps to leverage documentation requirements to surface patentable subject matter, reinforce inventive-step narratives and align regulatory timelines with patent filing strategy, say Lestin Kenton, Roozbeh Gorgin and Ananth Josyula at Sterne Kessler.
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Artificial intelligence is now ingrained in banking mergers and acquisitions, and bankers should learn the key elements of the technology's competency and limits, such as that AI-enhanced reviews do not replace compliance, despite their speed and depth, say attorneys at Spencer Fane.
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For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.
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Comprehensive federal AI regulation remains fragmented and uncertain — but U.S. courts, applying long-standing doctrines of liability and responsibility, are actively shaping how AI systems are designed, deployed and governed, and companies are aligning their AI practices because courts may hold them accountable if they do not, says Alexander Lima at Wesco International.
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Perspectives
A pair of rulings from the D.C. Circuit reveal a growing dilemma in digital privacy jurisprudence for investigative targets, technology companies and transparency advocates — even when courts set the bar higher for broad nondisclosure requests, the public may never be allowed to learn why orders get approved, say attorneys at RJO.
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The Federal Circuit's recent decision in Barry v. DePuy, addressing whether expert testimony is admissible even if it does not strictly adhere to the court's claim construction, suggests that exclusion via a Daubert motion is appropriate only when the line to improper testimony is clearly crossed, say attorneys at Knobbe Martens.
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As U.S. real estate markets face pressure to adopt digital frameworks, blockchain technology offers a credible solution for consolidating execution, payment and recording into a single record, with a unified ledger potentially replacing fragmented processes with digitally authenticated events, say attorneys at King & Spalding.
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An electric vehicle charging station's longevity hinges on monetizing operations through diverse revenue streams, contractual documentation of charge point operators' and site hosts' rights and responsibilities, and ensuring reliability and security of facilities, says Levi McAllister at Morgan Lewis.
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The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.
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To ensure the success of public electric vehicle charging infrastructure projects, developers, funders, site hosts and charge point operators must consider a range of factors, including location selection, distribution grid requirements and costs, and permitting and timeline impacts, says Levi McAllister at Morgan Lewis.
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There are several avenues for consumer finance in-house counsel to make artificial intelligence use disclosure requirements a standardized tool when facing pro se litigants, including preservation demands and discovery requests to ease friction and root out inaccurate legal representations, says Lee Barrett at Planet Home Lending.
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The Federal Communications Commission's recent settlement with satellite company Marlink marks a modest but meaningful step forward in how the U.S. regulates foreign involvement in its telecommunications sector, proving "Team Telecom" conditions are not limited to companies with substantial foreign ownership, says attorney Sohan Dasgupta.