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Saturday, Jun 1

05

AI-Specific Representations in Tech M&A

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Navigating the acquisition of any company which makes substantial use of artificial intelligence (AI) requires a nuanced understanding of both its technological intricacies and legal complexities. As the landscape of AI continues to evolve…

SEC Approves Listings of Spot Ether ETFs: Waiting is the Hardest Part

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On May 23, 2024, the Staff of the Securities and Exchange Commission’s Division of Trading and Markets (the “SEC”) approved rule changes (so-called “19b-4 forms”) permitting the listing and trading of eight separate exchange-traded funds …

Cyber Security Obligations Under the EU AI Act

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With the EU's AI Act coming into force imminently, those designing, developing, and/or deploying AI will need to start getting to grips with the myriad of new obligations, including new cyber security requirements.... By: Ius Laboris

Paging Cybersecurity: Healthcare Providers Need to Make a “Change” to Protect Themselves, and Their Patients, Against Cyberattacks

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In February 2024, the healthcare industry was rattled by a significant cyberattack targeting Change Healthcare (“Change”), a subsidiary of UnitedHealth Group, one of the largest health insurance companies in the world. The breach sent…

04

Maryland PDAB Selects Six Drugs for Cost Review

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During its meeting on May 20, Maryland’s Prescription Drug Affordability Board (PDAB) unanimously voted to conduct cost reviews on six of eight products it was considering (see table below). Maryland is the third PDAB, following Colorado…

02

Client Alert: Maryland Adopts Groundbreaking Online Data Privacy Act of 2024: What You Need to Know

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On May 9, 2024, Governor Wes Moore signed into law the Maryland Online Data Privacy Act of 2024 (“MODPA”). MODPA will take effect on October 1, 2025, but will not apply to personal data processing activities occurring before April 1, 2026.…

Friday, May 31

00

UK Privacy Watchdog Probes Microsoft’s Controversial “Recall” Feature

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The UK’s data privacy regulator, the Information Commissioner’s Office (ICO), is investigating Microsoft over potential privacy concerns with its recently announced AI-powered “Recall” feature for Windows PCs. Microsoft Recall is designed…

Deeper Dive into the Data - May 2024

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Every spring, BakerHostetler collects, analyzes, and compares key metrics on the incident response matters we handled in the prior year. The output – our Data Security Incident Response (DSIR) Report – highlights key findings and trends…

Proofpoint Survey Outlines Challenges for CISOs

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Since I hang out with a lot of CISOs, and understand their pain points, I urge readers to send a “thank you” and “you are the best” message to their CISO. You can’t imagine the pressure and stress they are under to try to protect the…

23

GDPR Day 2024: A Look at Past, Present and Future Developments in the UK

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May 25th marked six years since the General Data Protection Regulation has been in effect. Since it was implemented, GDPR has been regarded as the gold standard for data protection legislation across the world.... By: Littler

NIST Offers AI Governance Guideline to Help Avoid Bias Liability

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The issue of bias in artificial intelligence is assuming increased urgency in courtrooms around the country. Organizations that use AI to scan resumes can be sued for employment discrimination. Companies using facial recognition on their…

CDA–AMC (formerly CADTH) announces several pilot projects, including Target Zero initiative

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CADTH is now known as Canada’s Drug Agency (CDA-AMC or CDA). Its mandate extends beyond CADTH’s mandate to include: improving the appropriate prescribing and use of medications; increasing pan-Canadian data collection and expanding access…

How AI Is Changing the Internet

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This Internet has gone through many revolutions, technical and otherwise. Each time it has emerged stronger and more robust than before. One can trace the origins of the Internet to the connection of four computers in 1969.... By:…

En Banc Federal Circuit Adopts a New Test for Design Patent Obviousness

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Before Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board.... By: Knobbe Martens

21

Digital Transformation Notes | May 2024 (UPDATE)

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Global cooperation on AI safety has clearly been the topic of the month – with the Seoul Declaration for Safe, Innovative, and Inclusive AI, as well as the OECD’s publication on universal concepts of AI and cybersecurity. The European…

Founder Series: Departing Founders and Founder Fallouts

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rrick's Founder Series offers monthly top tips for UK startups on key considerations at each stage of their lifecycle, from incorporating a company through to possible exit strategies. The Series is written by members of our market-leading…

Colorado's Landmark AI Law: Essential Insights for Businesses

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On May 17, 2024, Governor Jared Polis signed into law Colorado Senate Bill 24-205 (SB205), pioneering a comprehensive regulatory framework for artificial intelligence (AI) systems.... By: Venable LLP

Landmark UK Digital Markets, Competition and Consumers Act Becomes Law

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Following introduction into the UK Parliament in 2023, the long-awaited Digital Markets, Competition and Consumers Act (DMCC) received Royal Assent on 24 May 2024. The legislation passed as part of the parliamentary ‘wash-up’ period…

2024 TEC Institute Summit: Key Insights and Takeaways

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The inaugural TEC Institute Summit took place on 24 April 2024, organised in collaboration with Cornerstone Research and the European University Institute’s Centre for a Digital Society. Policymakers, technological innovators, industry…

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - May 2024

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Second Circuit Affirms “Pay for Delay” Dismissal: On May 13, 2024, the Second Circuit affirmed dismissal of antitrust claims brought by wholesalers, retailers, and employee benefit funds that alleged they overpaid for the hypertension drug…

BETO Releases Report Summarizing Findings of RFI on Building Supply Chains to Meet SAF Grand Challenge Goals

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The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on May 23, 2024, that it released a Summary Report from a September 2023 Request for Information (RFI) on building supply chains to meet Sustainable…

AI use by life sciences companies – strategic considerations

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For companies across the life sciences sector, from those in the early stages of contemplating AI use to those already using AI in R&D or other material business operations, developing a strategy around AI can be important to structuring…

Patent Office Getting Serious About Inclusive Innovation

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Today, U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal announced a June 18 Women's Entrepreneurship program, an event that follows the launch on May 1 of a National Strategy for Inclusive Innovation (the Strategy).... By:…

Appellate Judge Proposes Possible Use of GenAI for Contract Interpretation – Recognizes That AI Hallucinates but Flesh-And-Blood Lawyers Do Too!

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By now, most lawyers have heard of judges sanctioning lawyers for misuse of generative AI, typically for not fact checking the outputs. Other judges have issued local rules governing use of or prohibiting AI. These actions have become…

Domain Name News: May 2024

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This is the May edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: Nominet to introduce…

The Entrepreneurs Report – Q1 2024

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In this latest issue of The Entrepreneurs Report, we’ve compiled a range of data on venture, convertible note, and SAFE financing transactions in which the firm was involved during the first quarter of 2024, with the objective of…

20

Department of Transportation Request for Information Signals Growing Interest in AI in the Transportation Sector

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On May 3, 2024, the U.S. Department of Transportation's (DOT) Advanced Research Projects Agency Infrastructure (ARPA-I) published a Request for Information (RFI) seeking comment from interested parties on potential applications of…

How a John Doe Lawsuit Can Help You Unmask the Source of Fake Reviews, Defamation, and Harassment

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The internet holds some of the largest threats an individual or business can face in 2024. Online threats can become even more challenging to address when the attacker acts anonymously...... By: Kohrman Jackson & Krantz LLP

Is Your Blockchain Invention Patentable?

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Blockchain is becoming central to more FinTech patent portfolios than ever – but it’s harder to obtain protection on blockchain than most other technologies. The US Supreme Court’s decision in Alice v. CLS Bank (2014) strengthened limits…

Senators release roadmap for federal AI policy

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On May 15, the Bipartisan Senate AI Working Group – comprising Senate Majority Leader Charles Schumer (D-NY), Sen. Mike Rounds (R-SD), Sen. Martin Heinrich (D-NM) and Sen. Todd Young (R-IN) – released the Bipartisan Roadmap For Artificial…