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Information Sharing in the Trump Administration

November 19, 2024 | Blog | By Bruce Sokler, Payton Thornton

As January 20, 2025, approaches, antitrust practitioners and the business communities are searching for clues whether the incoming Trump Administration and its antitrust officials will continue the Biden Administration’s approach to the exchange of competitively sensitive information, particularly through the use of algorithmic software.

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AI Under a Second Trump Administration — AI: The Washington Report

November 14, 2024 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Matthew Tikhonovsky

Read about the AI priorities and policies that Trump is likely to pursue during his second term as president in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI. 

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Federal Agencies Take Action on AI One Year After AI Executive Order — AI: The Washington Report

November 7, 2024 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Matthew Tikhonovsky

Read about the one-year anniversary of the Biden administration’s Executive Order on AI (AI EO) in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI. 

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The Biden Administration Issues National Security Memorandum on AI – AI: The Washington Report

November 1, 2024 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Matthew Tikhonovsky

Read about the Biden administration’s National Security Memorandum on artificial intelligence in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI. 

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OMB Issues Additional Guidance to Federal Agencies on their Acquisition of AI — AI: The Washington Report

October 24, 2024 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Matthew Tikhonovsky

Read about the new memorandum from the Office of Management and Budget on Advancing the Responsible Acquisition of Artificial Intelligence in Government in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

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Led by DOJ, Federal Agencies Convene to Coordinate Safeguarding Civil Rights from AI-Related Harms — AI: The Washington Report

October 16, 2024 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Matthew Tikhonovsky

Read about the Department of Justice’s (DOJ) Civil Rights Division convening of the heads of federal agency civil rights offices to discuss and promote coordination around preventing harms that may stem from AI, including unlawful discrimination in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

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G7 Competition Authorities, Including DOJ and FTC, Release Joint Statement on AI Competition — AI: The Washington Report

October 11, 2024 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Matthew Tikhonovsky

Read about G7 competition authorities’ Digital Competition Communique in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

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FTC Launches Operation AI Comply with Five Enforcement Actions Involving AI Misuse – AI: The Washington Report

October 3, 2024 | Alert | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Matthew Tikhonovsky

Read about the FTC’s launch of Operation AI Comply, the agency’s new law enforcement sweep focused on companies using AI to further deceptive or unfair conduct in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

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Two Sides to Every Monopolization Suit: DOJ Sues Visa for Debit Monopolization

September 30, 2024 | Alert | By Bruce Sokler, Payton Thornton

On September 24, 2024, the U.S. Department of Justice Antitrust Division (“DOJ”) filed a monopolization suit against Visa, Inc. (“Visa”), alleging that Visa has a monopoly in general purpose debit network services and general purpose card-not-present debit network services that violates Section 2 of the Sherman Act.

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FTC Staff Report Warns of Privacy Risks in Social Media Companies’ AI Practices — AI: The Washington Report

September 26, 2024 | Advisory | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Matthew Tikhonovsky

Read about the FTC Staff Report on the data collection and data use practices of large social media and video streaming service platforms in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

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Senators Urge FTC, DOJ to Investigate AI Models That Copy Third-Party Content — AI: The Washington Report

September 18, 2024 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Matthew Tikhonovsky

Read about the Democratic Senators urging the heads of the FTC and DOJ’s Antitrust Division to investigate generative AI models that may violate competition laws in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

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NIST Releases Updated Draft Guidance for Federal Agencies’ Use of AI in Identity Verification Systems — AI: The Washington Report

September 12, 2024 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Matthew Tikhonovsky

Read about the second draft guidance released by the National Institute of Standards and Technology (NIST) in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

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Senator Rounds (R-SD) Unveils Five AI Bills for Congress to Consider After August Recess — AI: The Washington Report

September 5, 2024 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Matthew Tikhonovsky

Read about five AI bills Senator Mike Rounds (R-SD) introduced for Congress to consider when its members return on September 8 in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

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A Preview of AI Priorities Under the Next Presidential Administration — AI: The Washington Report

August 29, 2024 | Alert | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Matthew Tikhonovsky

Read about the AI priorities of both presidential candidates and their likely actions if they take office in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

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FTC Cracks Down on AI-Generated Fake Reviews – AI: The Washington Report

August 22, 2024 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Matthew Tikhonovsky

Read about an FTC final rule banning fake reviews and testimonials, which takes effect in October, in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

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Senate Commerce Committee Advances 10 AI Bills – AI: The Washington Report

August 14, 2024 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Matthew Tikhonovsky

Read about 10 AI-related bills recently advanced by the Senate Commerce Committee for consideration in the full Senate in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

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FDA and CTTI Hold Joint Workshop on AI in Drug Development – AI: The Washington Report

August 9, 2024 | Article | By Benjamin Zegarelli, Joanne Hawana, Matthew Tikhonovsky

Read about the Food and Drug Administration (FDA) and the Clinical Trials Transformation Initiative (CTTI) joint workshop in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

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Top Competition Enforcers in the US, EU, and UK Release Joint Statement on AI Competition – AI: The Washington Report

August 2, 2024 | | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Matthew Tikhonovsky

Read about the joint statement on competition in generative AI foundation models and AI products in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

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

July 17, 2024 | | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Matthew Tikhonovsky

Read about a bill introduced by a bipartisan group of senators to address AI deepfakes and protect intellectual property in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

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PBM Update: Special Edition - FTC 6(b) Interim Staff Report and Activity

July 12, 2024 | Alert | By Rachel A. Alexander, Tara E. Dwyer, Theresa Carnegie, Joseph Miller, Bridgette Keller, Samantha Hawkins, Hassan Shaikh, Payton Thornton

On July 9, 2024, the Federal Trade Commission (FTC) Office of Policy Planning released an Interim Staff Report titled Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing Main Street Pharmacies. The Interim Staff Report reflects the FTC’s work since it began its 6(b) study of PBMs in June 2022.  Mintz’s Health and Antitrust teams actively monitor federal and state regulatory and legislative developments in the PBM space, including those from the FTC. In this Special Edition of the PBM Policy and Legislative Update, the Mintz Health team partnered with our Antitrust colleagues to analyze the Interim Staff Report including Commissioner Melissa Holyoak’s dissenting statement.  We also highlight upcoming Congressional testimony by CEOs of the three largest PBMs, as well as media reports of a forthcoming FTC action related to PBM insulin rebate practices.

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