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Sep 26, 2024 | 
lexology.com | L. Atkinson |Jessica Carey |John Carlin |Roberto Finzi |Harris Fischman |Katherine B. Forrest | +1 more
On September 23, 2024, the Criminal Division of the U.S. Department of Justice (“DOJ” or the “Department”) issued an update to its guidance titled Evaluation of Corporate Compliance Programs (the “ECCP”).[1] The ECCP has been revised periodically since its introduction in 2017, but this 2024 update notably shows the Department’s increasing emphasis on artificial intelligence (“AI”), data analysis, and whistleblower policies.
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Jul 29, 2024 | 
law.com | Katherine B. Forrest
One of the ways we can tell that technological developments in AI are moving fast— really fast—is the current dialogue relating to AI “Frontier” models. A Frontier model is a “highly capable model” that “could possess capabilities sufficient to pose severe risks to public safety.” (Anderljung, et al., “Frontier AI Regulation: Managing Emerging Risks to Public Safety,” November, 2023). The White House Executive Order (“E.O.”) on AI, issued on Oct.
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May 3, 2024 | 
feeds.feedblitz.com | Stephanie Wilkins |Cassandre Coyer |Katherine B. Forrest
Earlier this year, OpenAI teased a new generative artificial intelligence offering: Sora, a text-to-video generator. The provider offered a glimpse into its capabilities, promising that users soon could generate up to one-minute long videos from short prompts—though it gave no timeline for a general release. By announcing Sora, the AI provider opened the door just wide enough for regulators to peek in.
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Apr 29, 2024 | 
law.com | Katherine B. Forrest
If you are wondering what the next big thing in artificial intelligence (AI) is—what 2024 holds for us—I can tell you right now that it’s AI agents. No doubt about it. Their capabilities are exciting, a little scary and essentially unknown. For legal practitioners, the issues that AI agents raise are complex.
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Jan 29, 2024 | 
law.com | Katherine B. Forrest
It was early October 2023 when I realized that artificial intelligence (AI) had opened its eyes. I was reviewing recent articles on AI and ran across OpenAI’s “GPT-4V(ision) System Card”, released on Sept. 25, 2023. The paper was only a few days old when I saw it for the first time, and it took me a few minutes to understand what I was reading. GPT-4V, a “multi-modal LLM” (MLLM), is a large language model (LLM) trained on various modalities of content—not just text.
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Oct 30, 2023 | 
lexology.com | Jessica Carey |John Carlin |Katherine B. Forrest |Roberto Gonzalez |Roberto J. González
On October 19, 2023, the Consumer Finance Protection Bureau (“CFPB”) issued a 299-page proposed rulemaking that would require covered entities—generally, providers of checking and prepaid accounts, credit cards, and digital wallets—to provide consumers and consumer-authorized third parties with access to consumers’ financial data free of charge.[1] Covered entities would be required to comply with uniform standards to provide access to this financial data through consumer and developer...
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Sep 26, 2023 | 
lexology.com | Andrew Finch |Katherine B. Forrest |Jacqueline P. Rubin |Scott Sher |Joshua Soven |Aidan Synnott | +2 more
Late last week, the Federal Trade Commission (FTC) sued entities affiliated with private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson), along with Welsh Carson’s partially owned portfolio company U.S. Anesthesiology Partners, Inc. (USAP), for allegedly pursuing an illegal “roll up strategy” to consolidate anesthesia practices in Houston, Dallas and other parts of Texas.
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Sep 6, 2023 | 
lexology.com | Andrew Finch |Katherine B. Forrest |Scott Sher |Joshua Soven
The Antitrust Division of the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) recently released a draft overhaul of their merger guidelines. The merger guidelines are intended to describe how the agencies evaluate mergers and reach decisions on which deals to challenge. In an earlier client memorandum, we discussed how the proposed guidelines have the potential to impact merger review generally, including exit situations involving strategic acquirers.
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Aug 28, 2023 | 
law.com | Katherine B. Forrest
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. View Now Our Team Account subscription service is for legal teams of four or more attorneys.
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Aug 24, 2023 | 
lexology.com | Katherine B. Forrest |Jacqueline P. Rubin |Scott Sher |Joshua Soven |Aidan Synnott |Brette Tannenbaum
On August 21, 2023, the Department of Justice (DOJ) announced DPAs with Teva Pharmaceuticals USA, Inc. and Glenmark Pharmaceuticals Inc., USA to resolve criminal price fixing, bid rigging and customer allocation charges. In general, DPAs are a middle ground between non-prosecution or leniency on the one hand and full criminal trial and prospect of conviction on the other. In a DPA, the defendant will typically admit to wrongdoing and pay a penalty, but will be able to avoid a conviction.
