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Adam Aft

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On April 29, 2024, the Department of Commerce’s National Institute of Standards and Technology (NIST) released initial drafts of four significant policy and governance documents aimed at improving the safety and reliability of AI systems. The launch came on the 180th day following President Biden’s Executive Order 14110 on the Safe, Secure and Trustworthy Development of AI, which instructed NIST to establish guidelines and best practices to promote consensus industry standards for developing and deploying…

In Brief On May 17, 2024 Colorado Governor Polis signed the landmark Colorado AI Act (Senate Bill 24-205) into law. Colorado is now the first US state with comprehensive AI regulation, adopting a classification system like the European Union’s recent AI Act. The law will take effect February 1, 2026. The law exempts small employers (fewer than fifty full-time employees) from some of its requirements but otherwise requires companies to take extensive measures to protect…

Following AI guidance published earlier this year (USPTO Issues New Guidance on Inventorship when Assisted by AI), the US Patent & Trademark Office (USPTO) continues to update and expand its guidance concerning the use of AI tools by parties and practitioners. While previous guidance focused in on the impact of AI on development and inventorship (and the barriers that such use may present towards seeking proper patent protection), this most recent guidance turns to the…

Copyright 2024 Bloomberg Industry Group, Inc. (800-372-1033) AI: Real Money, Light Representations & Light Deal Certainties. Reproduced with permission. Editor’s note: For additional guidance on practice-specific areas of risk associated with the use of generative and other forms of AI, see our AI Legal Issues Toolkit. For additional information on laws, regulations, guidance, and other legal developments related to AI, visit In Focus: Artificial Intelligence (AI); Data Security, Professional Perspective – Regulation of AI Foundation Models. The wave of…

On February 8, 2024, the Federal Communications Commission (FCC) unanimously adopted a declaratory ruling deeming telephone calls using AI-generated voices subject to Telephone Consumer Protection Act (TCPA) restrictions on calls containing an “artificial or prerecorded voice”. According to the ruling, § 227 of the TCPA, which prohibits the initiation of “any telephone call to any residential telephone line using an artificial or pre-recorded voice to deliver a message without the prior express consent of the…

On February 13, 2024, the USPTO issued new guidance regarding the patentability of inventions created with the assistance of AI. Issued in response to the “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” released by President Biden on October 30, 2023, this guidance has been highly anticipated, in view of the market’s rapid adoption of AI tools in all corners of business, including the creation of inventions and new…

Key Considerations in Negotiating Transition Services Agreements Blackrock’s recently released 2024 Private Markets Outlook predicts that corporate carve-out activity will increase in 2024, as companies look to divest non-core or underperforming business lines and acquirers look to benefit from untapped value-creation potential. Those companies that will either acquire or sell through carve-out transactions in the coming year to meet their strategic needs should consider the importance of Transition Services Agreements (TSA). TSAs are important to both parties…

Cloud service providers looking to capitalise on increased demand from the financial sector need to be aware of the risks and issues that come with the territory. Providers need to be sensitive to the specific needs of financial sector customers in order to build successful relationships with this diverse and often sophisticated user base. The regulatory landscape in the jurisdictions where the customer operates is a key consideration. Cloud service providers seeking to serve the…

In a month already full of activity with respect to regulation of artificial intelligence (AI) globally, the U.S. Federal Trade Commission (FTC) has continued to assert its role in regulating AI in the US. On November 21, 2023, FTC commissioners unanimously resolved to streamline the FTC’s ability to issue civil investigative demands (CIDs) regarding AI in products and services. FTC staff may now more easily compel release of documents, information, and testimony as part of…

On October 30, 2023, President Biden issued a 63-page Executive Order to define the trajectory of artificial intelligence adoption, governance and usage within the United States government. The Executive Order outlines eight guiding principles and priorities for US federal agencies to adhere to as they adopt, govern and use AI. While safety and security are predictably high on the list, so too is a desire to make America a leader in the AI industry including…