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SEC Chief Warns Against 'AI Washing' Image

SEC Chief Warns Against 'AI Washing'

Maydeen Merino

Artificial intelligence could drive greater efficiency and lower costs in the finance sector but U.S. Securities and Exchange Commission Chair Gary Gensler warned last month about companies potentially making false claims about using the technology, a nefarious practice known as "AI washing."

Features

SCOTUS Seeks to Provide Clarity Over Investor Suits Image

SCOTUS Seeks to Provide Clarity Over Investor Suits

Jimmy Hoover

In a case that could either stem or unleash a tide of investor lawsuits, the Supreme Court searched for a narrow way to rule that might still be of some value to the securities bar.

Features

The EU AI Act Will Transform Practices for AI Governance In the U.S. Image

The EU AI Act Will Transform Practices for AI Governance In the U.S.

Dominique Shelton Leipzig

The EU AI Act solidifies one of the world's first comprehensive attempts to bring governance to unlock innovation in AI. U.S. companies have asked, what exactly does this development mean for their businesses?

Features

How Likely FTC's Comments On Copyright & AI May Become Policy Image

How Likely FTC's Comments On Copyright & AI May Become Policy

Isha Marathe

The FTC said that the misuse of training data like infringing on a work's copyright license is tantamount to unfair competition, thus implicating consumer protection with copyright policy and securing the agency's jurisdiction in the regulatory space.

Features

Navigating the Complexities of Internal Investigations In the Current Climate Image

Navigating the Complexities of Internal Investigations In the Current Climate

Carrie Cohen, Brian Michael & Christine Wong

Today, internal investigations have taken on added complexity given the government's current emphasis on voluntary disclosures, the increased vigor of social justice movements, the 24/7 news cycle, and other heightened risks that often require companies to respond quickly to an unexpected event or potential crisis. To help companies navigate these complexities and best address such situations, the following strategies should be considered.

Features

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Corporate Enforcement Policy: One Year Later

Jolie Apicella

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

Features

Lack of Transparency In SEC Settlement Penalty Calculations May Frustrate Self-reporting Image

Lack of Transparency In SEC Settlement Penalty Calculations May Frustrate Self-reporting

Michael J. Osnato Jr., Meaghan Kelly & Stephanie Hon

SEC settlements often lack explanation as to how the civil monetary penalties were calculated per the statutory framework or why such penalties were appropriate under the circumstances. This lack of transparency tends to create market confusion and may frustrate certain behavior the SEC seeks to encourage, namely self-reporting.

Features

Next On AI's Agenda, Regulatory Scrutiny Image

Next On AI's Agenda, Regulatory Scrutiny

Gretchen L. Jankowski & Abigail L. Cessna

While some jurisdictions are enacting or proposing AI-specific regulation, many existing regulatory frameworks apply to new technologies, including antitrust. Companies may experience different potential antitrust risks depending on the type of AI technology and their use of that technology.

Features

Turning the Tables: Ransomware Actor Files Complaint With the SEC Against Victim for Failing to Timely Disclose Cyberattack Image

Turning the Tables: Ransomware Actor Files Complaint With the SEC Against Victim for Failing to Timely Disclose Cyberattack

Mason Lawlor

Ransomware operation AlphV/BlackCat has filed a SEC complaint against one of its alleged victims, MeridianLink, for allegedly failing to comply with the four-day rule to disclose a cyberattack.

Features

Leveraging Data and Deal Terms to Meet the Demands of the DOJ's New M&A Safe Harbor Image

Leveraging Data and Deal Terms to Meet the Demands of the DOJ's New M&A Safe Harbor

Patrick T. Campbell, Jonathan B. New, James A. Sherer, & Lauren E. Sternbach

This article describes the DOJ's new M&A safe harbor policy and also provides practical insights on how companies engaged in M&A can meet the DOJ's expectations.

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