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FTC Hosts Panel and Launches Public Inquiry with DOJ and HHS on Private Equity and Health Care

March 6, 2024 | Advisory | By Karen Lovitch, Bruce Sokler, Joseph Miller, Raj Gambhir

Read about the FTC’s March 5, 2024 workshop on private equity (PE) investments in the health care industry and a joint request for information on the effects of PE transactions in the health care industry issued by the FTC, DOJ, and HHS.

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Proposed FTC Rule Would Hold AI Companies Liable for “Deepfake” Impersonation Scams — AI: The Washington Report

February 29, 2024 | Advisory | By Bruce Sokler, Christian Tamotsu Fjeld, Alexander Hecht, Raj Gambhir

Read about a proposed FTC rule that would make the impersonation of individuals in a matter affecting commerce a violation of the FTC Act 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 and State Lawmakers Launch AI Task Forces — AI: The Washington Report

February 22, 2024 | Article | By Daniel Connelly, Alexander Hecht, Christian Tamotsu Fjeld, Bruce Sokler, Raj Gambhir

Read about AI-focused task forces formed in the House of Representatives and by the governor of Massachusetts 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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Commerce Department Launches Cross-Sector Consortium on AI Safety — AI: The Washington Report

February 16, 2024 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

Read about the Department of Commerce’s new cross-sector consortium on AI safety 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 Propose Clarification of Antitrust Law to Expressly Cover Algorithmic Collusion — AI: The Washington Report

February 8, 2024 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

Read about the Preventing Algorithmic Collusion Act, a bill that seeks to ban anticompetitive pricing practices deployed through 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.

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Biden’s AI Executive Order Achieves First Major Milestones (AI EO January Update) — AI: The Washington Report

February 2, 2024 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

Read about major milestones achieved in response to President Biden’s October 2023 executive order 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.

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Algorithmic Disgorgement: An Increasingly Important Part of the FTC’s Remedial Arsenal — AI: The Washington Report

January 24, 2024 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

Read about the FTC’s use of a remedy known as “algorithmic disgorgement” in settlements with AI companies 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 Announced Increased HSR Thresholds & Revised Filing Fee Schedule

January 23, 2024 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short, Sherwet H. Witherington, Payton Thornton

Yesterday, the Federal Trade Commission (FTC) announced increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended. The FTC revises the thresholds annually based on changes in the gross national product. The new thresholds take effect 30 days after publication in the Federal Register and apply to all transactions closing on or after that date.

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FTC Warns AI Companies to Honor Privacy and Confidentiality Commitments — AI: The Washington Report

January 19, 2024 | Blog | By Michael Katz, Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

Read about the FTC’s business guidance blog post discussing its resolve to enforce the privacy commitments of certain AI firms known as “model-as-a-service” companies 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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(Un)fair Use? Copyrighted Works as AI Training Data — AI: The Washington Report

January 10, 2024 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

Read about the ongoing debate surrounding the use of copyrighted works as training data for AI models 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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AI Judges? Chief Justice Roberts Thinks Not — AI: The Washington Report

January 3, 2024 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

Read about Chief Justice Roberts’s end-of-the-year letter on AI and the federal judiciary 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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New Merger Enforcement Toolkit: FTC and DOJ Release Final 2023 Merger Guidelines

December 27, 2023 | Blog | By Bruce Sokler, Joseph Miller, Robert Kidwell, Payton Thornton, Matthew Tikhonovsky

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Three Trends in AI Regulation in 2023 — AI: The Washington Report

December 27, 2023 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

Read about three broad trends that shaped AI regulation in 2023 in the year-end 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 Consider Reforms to Antitrust Law to Address Algorithmic Price-Fixing and Self-Preferencing — AI: The Washington Report

December 19, 2023 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

Read about a Senate Judiciary Committee hearing addressing the impact of algorithms on competition and consumer rights 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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SEC Chair Doubles Down on AI Conflict of Interest Rules, Warns Firms Not to “AI-Wash” — AI: The Washington Report

December 15, 2023 | Article | By David Adams, Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

Read about the SEC’s warnings about “AI-washing” and stiff industry opposition to its proposed rules for conflicts of interest in the use of predictive data analytics technologies by broker-dealers and investment advisers 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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Read about workplace implications of president biden’s executive order addressing 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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A Timeline of Biden’s AI Executive Order — AI: The Washington Report

December 7, 2023 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

See a timeline of Biden’s AI Executive Order, which details when some of the EO’s major provisions will come into effect, 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 Trade Commission Supercharges AI Regulatory Powers — AI: The Washington Report

November 30, 2023 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

Read about the FTC’s preauthorization of a compulsory process in investigations relating to AI and a new AI bill supported by a bipartisan group of Commerce Committee senators 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 Trade Commission Announces Voice Cloning Challenge — AI: The Washington Report

November 21, 2023 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

Read about the FTC’s Voice Cloning Challenge to encourage the creation of policies, practices, and technologies to prevent or detect the abuse of AI voice cloning tools 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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Antitrust Viewpoint Thumbnail

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.

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