Antitrust

Last June, the Federal Trade Commission (FTC) released its revised Endorsement Guides, the handbook for business practices that may be unfair or deceptive in violation of the FTC Act. The Endorsement Guides had been last revised in 2009 and the recent revisions sought to align practices with the ways advertisers reach consumers to promote products and services, including on social media.

Read about the Copyright Office’s request for comments on issues regarding AI and copyright and the FTC’s submission in response 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.

Read about the OMB’s draft memorandum providing guidance to agencies on how to implement President Biden’s executive order on AI, the UK’s AI Safety Summit, and the Bletchley Declaration that emerged from the summit 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.

President Biden issued his long-expected executive order on AI addressing workforce training and modernization, privacy, equity and civil rights, safety and security, competition and consumer protection, R&D investments, and government use of AI. Mintz Antitrust Practice Co-chair Bruce Sokler, with ML Strategies’ EVP and Director of Operations Alex Hecht and SVP Christian Fjeld, cover this development in their latest weekly update on AI-related activity in Washington, DC.

Read about Biden’s recently announced restrictions on the export of AI chips and chip manufacturing equipment to China 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.

Read emerging insights on an AI-focused executive order expected from the Biden administration sometime this fall 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.

Read about recent CFPB actions focused on AI 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.

Read about the FTC’s recent “Creative Economy and Generative AI” roundtable discussion, which featured professionals from a variety of creative fields, 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.

Read about FTC indications of its intent to regulate AI and a recently introduced bill that would boost the agency’s authority and resources to regulate the use of this technology 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.

Read about the SEC’s focus on regulating the use of artificial intelligence by financial services providers 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.

Since the beginning of Chair Khan’s tenure at the Federal Trade Commission (and in line with President Biden’s aim to curb rising health care costs), the current FTC has committed to bring enforcement actions against health care consolidation and rising prices. Over the past two years the FTC has employed novel competition tools to achieve this purpose, as demonstrated by the Commission’s suit last week against a private equity firm and its related specialty practice—alleging violations of Sections 1 and 2 of the Sherman Act, Section 7 of the Clayton Act and Section 5 of the FTC Act.

Read about the inaugural AI Insight Forum held on September 13, 2023, in the US Senate and congressional AI hearings held during the same week 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.

In this edition of AI: The Washington Report, read about Mintz’s Federal AI Legislation Tracker, which tracks bills pending in Congress that primarily concern AI regulation or that would institute significant regulations, policies, or programs concerning AI.

In the first of a multi-part series, our team examines trends in AI regulation and the impact it will have on businesses that use it. 

Read about the FTC’s complaint against Automated AI and affiliated entities and individuals over AI-related misleading claims 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.

Read 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, including a court ruling and a US Copyright Office interpretation involving copyright law and AI.

Read 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, including developments regarding the application of copyright law to AI.

Read 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, including about the Civil Investigative Demand the FTC recently served to ChatGPT developer OpenAI.

Leaders of the Congressional Artificial Intelligence Caucus introduced a bill that would create a National Artificial Intelligence Research Resource (NAIRR) to provide AI-related resources to spur innovation and US competitiveness. Mintz Antitrust Practice Co-chair Bruce Sokler and ML Strategies’ Alex Hecht and Christian Fjeld discuss the bill and the three-year push for the NAIRR.