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National AI Strategy: The UK Government Publishes Its Artificial Intelligence Strategy for the Next Decade

Oct 21 2021

On 22 September 2021, the UK Government (the “Government”) published its Artificial Intelligence (“AI”) strategy. The paper outlines the Government’s plan to make Britain a “global superpower” in the AI arena, and sets out an agenda to build the most “pro-innovation regulatory environment in the world”. This post highlights some of the key elements from the UK AI strategy. Significantly, the UK’s proposed approach may diverge in some respects from the EU’s GDPR. For example, the UK strategy includes consideration of whether to drop Article 22’s restrictions on automated decision-making, and whether to maintain the UK’s current sectoral approach to AI regulation. The UK will publish a White Paper on regulating AI in early 2022, which will provide a basis for further consultation and discussion with interested or affected groups before draft legislation is formally presented to the UK Parliament.

AI; Big Data; International; Policy; UK

FTC Issues Civil Penalty Notice to 700 Companies Regarding Endorsements and Reviews

Oct 19 2021

William Blumenthal, Amy Lally and Carol Lynn Thompson

The U.S. Federal Trade Commission (FTC) on October 13 published a Notice of Penalty Offenses advising more than 700 companies that they could incur significant civil penalties if they use endorsements in ways that run counter to the FTC’s guidance. The FTC, in its own words, “blanket[ed] industry” with these notices to send a “clear message” that companies cannot use “fake reviews and other forms of deceptive endorsements” to “cheat consumers and undercut honest businesses.”

Advertising; Enforcement; FTC; Policy

Tech Forum Webinar: Data-Driven Technology Development— IP Ownership and Rights

Oct 18 2021

Data Matters Contributors

As businesses across industries turn to artificial intelligence and machine learning for insights, data is driving innovation and technology development. Who owns the underlying data and the resulting technology? How can restrictions on data use limit the resulting technology applications?

Companies need to keep pace tracking and monitoring intellectual property ownership and rights in this fast-paced environment, without stifling innovation. During this webinar, we will explore how IP and technology licensing principles apply to data licensing, and trends we are spotting as we help companies navigate new deal structures.

Events; General; IP; Trade Secrets

How to Mitigate Corporate Risk and Respond to Crises

Oct 15 2021

Data Matters Contributors

Recent events have given the term “corporate crisis” a whole new meaning. From cyberattacks and pandemic disruptions to political divisions and tweets that go viral, companies are being challenged in ways they never have before. How should they respond in a fast-moving crisis?

Cybersecurity; Policy

The U.S. Federal Government Continues Its Focus on Ransomware Attacks: CISA, FBI, and NSA Publish Technical Advisory on the Conti Group

Oct 14 2021

Alan Charles Raul, Stephen McInerney and Carly R. Owens

On September 22, 2021, the Cybersecurity and Infrastructure Security Agency (CISA), Federal Bureau of Investigation (FBI), and National Security Agency (NSA) published a cybersecurity advisory (the “Advisory”) outlining the Conti ransomware group’s tactics, techniques, and procedures (“TTPs”) to help companies protect against their attacks. This Advisory is especially notable because it is an example of the type of information sharing promised by the Biden administration, which includes technical details about the Conti group’s TTPs. It also heralds the launch of new website called: StopRansomware.gov.

Cybersecurity; National Security; Policy

Is the SEC Coming for Your Texts? SEC’s New Enforcement Director Telegraphs a Warning to Registrants About Improper Use of Personal Devices for Business-Related Communications

Oct 13 2021

Ranah Esmaili and Stephen L. Cohen

The U.S. Securities and Exchange Commission (SEC) Division of Enforcement is stepping up investigative efforts looking at registered firms’ use of personal devices for business communications, which can implicate their recordkeeping obligations and result in failure to retain and produce responsive business-related communications in SEC investigations. These risks are particularly acute in the current work-from-home posture at many firms, where employees may more easily blur the line between personal and business communications. Firms should review their policies, procedures, and communication monitoring to ensure that employees are not engaging in business-related communications outside of the firm’s official channels and in a manner that the firm is unable to capture and preserve if required.

eDiscovery; Employee Privacy; SEC

National AI Strategy: The UK Government Publishes Its Artificial Intelligence Strategy for the Next Decade

FTC Issues Civil Penalty Notice to 700 Companies Regarding Endorsements and Reviews

Tech Forum Webinar: Data-Driven Technology Development— IP Ownership and Rights

How to Mitigate Corporate Risk and Respond to Crises

The U.S. Federal Government Continues Its Focus on Ransomware Attacks: CISA, FBI, and NSA Publish Technical Advisory on the Conti Group

Is the SEC Coming for Your Texts? SEC’s New Enforcement Director Telegraphs a Warning to Registrants About Improper Use of Personal Devices for Business-Related Communications

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