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Saturday, May 18

05

Litigation Minute: The Generative AI Litigation Landscape (Generative AI Series: Part One of Three)

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What You Need To Know In A Minute Or Less - Beginning in 2023, courts across the United States have grappled with a wave of lawsuits challenging the legality and use of generative artificial intelligence (AI) systems and tools. While…

Plugged In: An EV Newsletter Vol. 2, No. 5

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Editor’s Note - Welcome to the May 2024 edition of Plugged In! This month, we delve into the nuanced developments shaping the future of EVs, from strategic challenges to investment trends.... By: Dickinson Wright

USTR to Take Further Actions on China 301 Tariffs | 美国贸易办公室即将对301条款关税采取进一步行动

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And just like that, the Biden Administration has reengaged in the China Tariff War. With today’s announcement of significant increases in key sectors, the Administration is putting special attention on protecting the U.S.’s fledgling EV…

04

USTR Finalizes 4-Year Review of Section 301 Tariffs on Imports from China, Increasing Tariffs on Clean Energy Supply Chains

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On May 14, 2024, the United States Trade Representative (“USTR”) released the results of its statutorily required review of the tariff actions in USTR’s Section 301 investigation of China’s Acts, Policies, and Practices Related to…

03

Data Privacy + Cybersecurity Insider - May 2024 #4

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CYBERSECURITY - CISA Issues Advisory on Black Basta Ransomware - On May 10, 2024, CISA, along with the FBI, HHS, and MS-ISAC, issued a joint Cybersecurity Advisory relating to Black Basta ransomware affiliates “that have targeted over 500…

Colorado’s Landmark AI Legislation Would Create Significant Compliance Burden for Employers Using AI Tools

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Colorado Senate Bill 24-205 (“SB205”), landmark legislation that expressly creates statutory tort liability for AI algorithmic discrimination in the employment context, has passed both houses of the Colorado General Assembly, and is…

02

Navigating the FemTech regulatory landscape: which rules apply and what are the enforcement priorities?

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Security, scale or functionality – pick two. This computer science principle coined by the late Professor Anderson is particularly relevant to the FemTech industry. Anderson’s Rule states that for a system to provide high functionality and…

01

Colorado State Legislature Passes AI Bill With the Potential to Broadly Regulate AI

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On Wednesday, May 8, the Colorado state legislature passed SB 205, a bill that is focused on preventing the discriminatory effects of high-risk artificial intelligence (AI).... By: WilmerHale

Friday, May 17

00

OFCCP Releases Guidance on Federal Contractors’ Use of AI and Automated Systems

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The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently released new guidance warning federal contractors they must routinely monitor their use of artificial intelligence (AI) and automated…

23

Algorithmic Price-Fixing Claims Terminated

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A Nevada federal court on May 8, 2024, dismissed with prejudice a putative class action alleging that a handful of Las Vegas hotel operators and a software provider broke antitrust laws by licensing and using a software program that made…

22

Generative AI Poses Unique Risks to Data Security, NIST Warns

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Generative artificial intelligence (AI) has opened a new front in the battle to keep confidential information secure. The National Institute of Standards and Technology (NIST) recently released a draft report highlighting the risk…

21

Senate AI Working Group Releases Long-Anticipated Roadmap for AI Policy

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On May 15, 2024, the Senate AI Working Group—Senate Majority Leader Chuck Schumer (D-NY) and Sens. Mike Rounds (R-SD), Todd Young (R-IN), and Martin Heinrich (D-NM)—issued their long-anticipated Roadmap for Artificial Intelligence (AI)…

Data Privacy Guide - USA - Illinois

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Introduction - Illinois has enacted laws addressing rights and obligations related to data privacy. Companies and organizations that handle, collect, disseminate, or otherwise deal in nonpublic information have a number of requirements to…

Termination of IPR Proceeding on the Eve of Final Written Decision Dooms Joinder Attempt

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The Patent Trial and Appeal Board has denied institution and joinder of an inter partes review petition after determining that the petition was not only time-barred but that joinder was also foreclosed. In making its determination, the…

Proposed Amendments to New Jersey’s Daniel’s Law

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On May 13, Senator Joseph P. Cryan (D) introduced an amendment to New Jersey’s Daniel’s Law, which would broaden the law’s coverage. An identical amendment was introduced by Assemblywoman Annette Quijano (D) in the Assembly on May 6.... By…

Foundational Cybersecurity Standards for Contractors Updated

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The National Institute of Standards and Technology (NIST) released the third revision of its Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations." This publication forms…

CISA Issues Advisory on Black Basta Ransomware

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On May 10, 2024, CISA, along with the FBI, HHS, and MS-ISAC, issued a joint Cybersecurity Advisory relating to Black Basta ransomware affiliates “that have targeted over 500 private industry and critical infrastructure entities, including…

Maryland Passes Unique and Operationally Challenging Privacy Law

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Maryland recently became the fifth state in 2024—and the 17th U.S. state overall—to pass a comprehensive data privacy law. Effective October 1, 2025, the Maryland Online Data Privacy Act (“MODPA”) contains a number of unique provisions…

Tackling Cyber Risks in the Manufacturing Industry

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As the manufacturing industry increasingly relies on advanced technology such as the industrial internet of things, automation and big data, manufacturers are particularly susceptible to cyberattacks. Manufacturing operations of all sizes…

Unveiling The Pitfalls: The Real Risks Of Using RealPage

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Over the last decade, apartment owners and managers have increasingly used algorithm-based software to set rents. This practice and its practitioners are now under scrutiny as many owners and operators are being investigated and sued for…

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5 Key Takeaways - Patent Disputes: Bringing, Financing, and Fighting Big Cases

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Kilpatrick partner Mitch Stockwell recently presented to clients at the Kilpatrick Intellectual Property Seminar on the topic of “Patent Disputes: Bringing, Financing, and Fighting Big Cases.” Mr. Stockwell explored both the hot topics and…

White Smoke: Habemus Proposed Rule Making on Marijuana Rescheduling!

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The long-awaited, and recently leaked, news that DEA would begin the process of rescheduling marijuana from Schedule I to Schedule III became a reality yesterday when DEA issued a formal notice of proposed rulemaking. As we have said…

Analyzing the EU Artificial Intelligence Act: Spotlight on Biometrics

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The European Parliament formally adopted the EU Artificial Intelligence Act (AI Act), a first-of-its-kind comprehensive regulation governing the use of artificial intelligence (AI), on March 13, 2024. While applicable to a wide range of AI…

Say What? Recitation Entitled to Patentable Weight When Not “Communicative Content”

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Addressing when claimed printed matter is entitled to patentable weight, the US Court of Appeals for the Federal Circuit reversed the Patent Trial & Appeal Board’s ruling involving the printed matter doctrine, explaining that the claimed…

AI Watch: Global regulatory tracker - European Union

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The EU introduces the pioneering EU AI Act, aiming to become a global hub for human-centric, trustworthy AI. Laws/Regulations directly regulating AI (the “AI Regulations”) The primary legislative proposal for regulating AI in the EU is the…

Senate Group’s ‘Roadmap’ Is a Call to Action on AI Innovation

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The Bipartisan Senate AI Working Group, led by Senate Majority Leader Chuck Schumer (D-NY), released a comprehensive “Roadmap” for AI policy, “Driving U.S. Innovation in Artificial Intelligence.” The wide-ranging report is a call to action…

Institution Denied For Lack of Sufficient Structure

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The Board declined to institute inter partes review because Petitioner failed to identify adequate corresponding structure in the challenged patent that performed the function of claim limitation that was to be construed under 112(f).…

When Is It Really Over? If Additional Proceedings Are Needed, Judgment Is Not Final

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The US Court of Appeals for the Federal Circuit, factually distinguishing the concept of finality in this case from its earlier decision in Fresenius USA v. Baxter Int’l, vacated and remanded a district court’s amended final judgment with…

4 Tips for Health Tech Apps After the FTC’s Revised Breach Notification Rule

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On April 26, the Federal Trade Commission announced its final rule updating the health breach notification rule. According to the FTC, the update seeks to “clarify” the scope of the rule by adding new definitions and revising certain…

AI Watch: Global regulatory tracker - France

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France actively participates in international efforts and the EU AI Act negotiations, and proposes sector-specific laws. Laws/Regulations directly regulating AI (the “AI Regulations”) Currently, there are no specific laws, statutory rules,…