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Adam Aft

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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…

Recent and rapid artificial intelligence developments have captured public attention and much has been discussed around how organizations will need to prepare. From an employment standpoint, the increasingly sophisticated potential for AI applications spans the entire employee lifecycle, from recruitment to onboarding, training and more. In the second report in our Workforce Redesign: Outlooks for Business Leaders series, we explore how businesses can responsibly address evolving AI risk in the context of recruitment and empower a more diverse…

What rights does a consumer have to a digital product that they purchase? What control does an author have over their creative works? What obligations do others have to you when they use your data to develop new products? None of these questions are new, but the recent proliferation of artificial intelligence (AI) tools, particularly generative AI (GenAI) tools, has brought these questions to the forefront of ongoing conversations about the role that AI will…

In brief On July 26, 2023, the U.S. Securities and Exchange Commission (“SEC”) approved the final rules for Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure (“Final Rules”). As previously reported, the SEC first proposed amendments to its rules on disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies on March 9, 2022 (“Proposed Rules”). Similar to the Proposed Rules, the Final Rules, broadly speaking, require (i) issuers to make disclosures…

In brief Companies that export personal data out of China have roughly one month to adopt China’s Standard Contractual Clauses (“SCCs”) to comply with the Cyberspace Administration of China’s (“CAC”) deadline of June 1, 2023. As outlined in previous client alerts, the SCCs are one of three mechanisms in place for cross-border data transfers from mainland China to other jurisdictions. Many multinationals will be impacted by these requirements because Chinese employment data, which is…

In Brief Recent developments in AI technologies have led to the increased use of AI to create a range of concepts, developments, research, and even lines of software code, in response to human inputs. This has resulted in an uptick of patent applications filed with the U.S. Patent and Trademark Office (the “USPTO”) seeking patents with varying degrees of contributions from AI tools. This calls into question whether, and to what extent, inventions involving contributions…

In Brief Recent developments in AI technologies have led to the increased use of AI to create a range of works, such as art, music, stories, and even lines of software code, in response to human inputs. This has resulted in an uptick of copyright applications filed with the U.S. Copyright Office (the “Office”) seeking registrations for works with varying degrees of contributions from generative AI tools. This calls into question whether, and to what…

The Federal Trade Commission (“FTC”) issued a warning on Monday about artificial intelligence (“AI”), telling businesses to “keep [their] AI claims in check” and reminding all industries that the Commission will be monitoring baseless or exaggerated marketing around AI. In the post published on the FTC’s website, an attorney for the FTC Division of Advertising Practices reminded businesses that “false or unsubstantiated claims about a product’s efficacy” is the FTC’s “bread and butter.” The FTC’s…