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News at jdsupra.com

Sunday, Jul 21

00

[Audio] Episode 330 – Halyna Senyk on Anti-Corruption Progress in Ukraine

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Listen to this conversation between Michael Volkov and Halyna Senyk in which they focus on Ukraine's anti-corruption efforts amidst the backdrop of its ongoing war with Russia. Halyna Senyk, an expert from the CEELI Institute, details…

Saturday, Jul 20

05

Proposed Regulations Issued for Outbound Investment Program: Key Takeaways

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On June 21, 2024, the US Department of the Treasury issued a Notice of Proposed Rulemaking (“Proposed Rule”) to implement Executive Order 14105 (“EO”) establishing a new Outbound Investment Program ("OIP") to prohibit or require…

03

Bipartisan Group of Senators Introduce Bill to Address AI Deepfakes and Protect Intellectual Property – AI: The Washington Report

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On July 11, 2024, Senators Maria Cantwell (D-WA), Marsha Blackburn (R-TN), and Martin Heinrich (D-NM) introduced the Content Origin Protection and Integrity from Edited and Deepfaked Media Act (COPIED Act).... By: Mintz - ML Strategies

02

House Rules: Remote Gambling Activity Claims Go Bust

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The US Court of Appeals for the Federal Circuit applied the Alice/Mayo framework to assess whether claims directed to remote gambling were patent eligible under 35 U.S.C. § 101 and determined that the claims were directed to a patent…

Transforming Industry/Strategies for Decarbonization: American Chemistry Council Response to U.S. Department of Energy Request for Information

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The American Chemistry Council (“ACC”) submitted a June 24th response to the United States Department of Energy’s (“DOE”) Request For Information (“RFI”) titled: Transforming Energy: Strategies for Decarbonization.... By: Mitchell,…

01

Common Summertime Eats – Fish and Shellfish: EPA Adds Various PFAS Compounds to Monitoring/Advisory Programs

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On July 11, the U.S. Environmental Protection Agency issued updated recommendations under the Clean Water Act for contaminants that states, Tribes, and territories should consider monitoring in locally caught, freshwater fish. For the…

Offensive Security Under the EU Digital Operational Resilience Act (DORA)

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The Digital Operational Resilience Act (DORA) regulation is part of the European Union’s (EU) strategy to enhance the overall stability of the EU financial system by ensuring that financial entities are resilient to digital operational…

Friday, Jul 19

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Proactive Measures for Corporate Security in an Escalating Threat Environment

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Given the heightened terrorism threat level, comparable to that of 9/11, and the recent assassination attempt on former President Trump, it’s crucial for corporate security to prioritize comprehensive preparedness for all potential threats…

23

New NPRM Augments Executive Order 14105 Affecting Outbound U.S. Investment into China

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The U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (“NPRM”) to implement Executive Order 14105 (“EO 14105”) “Addressing United States Investments in Certain National Security Technologies and Products…

20

PA Creates $100 Million Fund for Cellphone Lockup Programs in Schools

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A law signed on Monday by Pennsylvania Gov. Josh Shapiro allocates $100 million to the School Safety & Mental Health grant program that can be used by schools to purchase secure, lockable smartphone bags students will use to stow their…

Nuclear SMR Powered Data Centres: The Answer to Europe’s Looming Grid Crisis?

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The emergence of generative artificial intelligence (AI) is driving a surge in demand for power-hungry data centre capacity in Europe. This demand faces a number of obstacles including grid capacity constraints and an energy mix that is…

18

The Overturning of Chevron Deference: Implications for AI in Medical Research

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In a landmark decision on June 28, 2024, the Supreme Court overturned a 40-year-old legal precedent known as Chevron deference. Established in 1984, Chevron deference mandated that judges defer to federal agencies concerning…

AI RFI Issued By U.S. Treasury

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On 6/6/24, the U.S. Treasury issued a Request for Information (RFI) for the uses, opportunities, and risks of Artificial Intelligence (AI) in the Financial Services Sector. The AI RFI presents nineteen questions that are geared towards the…

14

Virtual Asset Service Providers – CIMA Regulatory Policy

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The Cayman Islands Monetary Authority (“CIMA”) has issued a regulatory policy (the “Policy”) outlining the criteria for approving Registration or Licensing of Virtual Asset Service Providers (“VASPs”). The Policy applies to individuals or…

Thursday, Jul 18

00

Legal Update: Department of Justice Maintains Its False Claims Act Enforcement Focus on Government Contractor Cybersecurity

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On June 17, the Department of Justice (DOJ) announced settlements of alleged False Claims Act (FCA) violations associated with cybersecurity requirements in contracts to provide a secure environment for online applications for federal…

23

A Baker's Dozen of Patent Law Developments for 2024

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The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know.... By: Baker Donelson

Business Email Compromise Fraud: Should the Party Best Positioned to Avoid the Fraud Bear the Loss?

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Business email compromise (“BEC”) occurs when a payee’s business email account is compromised or impersonated. The threat actor, posing as the payee or its representative (e.g., the head of the accounting department), sends alternate wire…

22

EDPB and the Role of DPAs Under the EU AI Act

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The European Data Protection Board (EDPB) recently adopted a statement suggesting the Data Protection Authorities’ (DPAs) role with regard to the EU AI Act recently published in the Official Journal of the EU.... By: Fenwick & West LLP

21

Himes v. Somatics – California’s New Causation Standard for the Learned Intermediary Doctrine

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In Himes v. Somatics, LLC, No. S273887, 2024 WL 3059637 (Cal. June 20, 2024), the Supreme Court of California delivered a win to the defense, upholding the learned intermediary doctrine in cases involving prescription drugs and medical…

20

EU AI Act published in the EU Official Journal

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On 12 July 2024, the European Union Artificial Intelligence Act (AI Act or Act) was published in the Official Journal of the European Union (EU), marking the final step in the AI Act’s legislative journey. Its publication triggers the…

State Insurance Regulators Wrapping up Preliminary Guidance on ‎Accelerated Underwriting

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Last week, both the New York Department of Financial Services (“DFS”) and the National Association of Insurance Commissioners (“NAIC”) acted on official guidance pertaining to accelerated underwriting by life insurance companies. DFS…

19

Adversary-in-the-Middle attacks can subvert passkey protections

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Backup authentication methods create a vulnerability in passkey protection to adversary-in-the-middle attacks. Security protections from passkey authentication can still potentially be subverted by attackers.... By: Hogan Lovells

CMS Finalizes Rule to Prevent Blocking of Electronic Health Information

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On June 24, 2024, the Centers for Medicare and Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC) released a final rule that disincentivizes healthcare providers from knowingly…

HHS and FBI Release Joint Cybersecurity Advisory Statement for Healthcare Providers

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Shortly after our prior blog post discussing the need for healthcare entities to shore up protections against phishing attacks, the Department of Health and Human Services (HHS) and the Federal Bureau of Investigation (FBI) released a…

18

104(b) Base Grant/Arkansas Water Resources Center: Six Projects Announced for Funding

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The Arkansas Water Resources Center (“AWRC”) announced in its June 28th Research Bulletin that six projects are to receive seed funding from its 104(b) base grant in 2024. AWRC states that the projects will be conducted at four Arkansas…

Sustainable products as the norm: the EU Ecodesign for Sustainable Products Regulation effective now

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Protecting our planet by making products on the EU market more sustainable and circular: This is the main objective of the new Ecodesign for Sustainable Products Regulation ("ESPR"), which has come into force on 18 July 2024 and is to…

Textile Recycling Technologies: U.S. Government Accountability Office Report

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The U.S. Governmental Accountability Office (“GAO”) has issued a July 9th Report titled: Science & Tech Spotlight – Textile Recycling Technologies (“Report”).... By: Mitchell, Williams, Selig, Gates & Woodyard,

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European Union AI Act Published in the Official Journal - Critical Milestones on the Road to Full Applicability

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The EU Artificial Intelligence (AI) Act was published in the Official Journal of the European Union on July 12, 2024, as “Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules…

Courts at the Forefront of Innovation - Creating New Options for Service and Enforcement in Digital Asset Fraud Cases

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Financial fraud is one of the most corrosive forms of corruption. Digital assets, and particularly cryptocurrency, are a ripe target for fraud. Frauds involving digital assets have grown significantly in recent years.... By: BCLP

Wednesday, Jul 17

00

Supreme Court's Chevron Decision and Its Implications for AI Regulation

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On June 28, the Supreme Court issued a landmark decision on Chevron deference through its rulings on Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. These decisions reversed the long-standing doctrine…