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The FTC "Settles" For a Conduct Consent Decree to Resolve Its Challenge to the Amgen-Horizon Merger

September 5, 2023 | Blog | By Bruce Sokler, Joseph Miller, Payton Thornton

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FTC Files Complaint on AI-Related Misleading Claims — AI: The Washington Report

September 1, 2023 | Article | By Robert Kidwell, Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

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.

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Artificial Intelligence and Copyright — AI: The Washington Report

August 17, 2023 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

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.

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The FTC’s Investigation of OpenAI — AI: The Washington Report

August 10, 2023 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

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.

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The National AI Research Resource and the CREATE AI Act — AI: The Washington Report

August 4, 2023 | Blog | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

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.

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The White House’s Voluntary Framework for Ensuring Safe, Secure, and Trustworthy AI — AI: The Washington Report

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

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 the White House’s voluntary framework for ensuring safe, secure, and trustworthy AI.

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In with the Old, Out with the New: DOJ and FTC Issue Much-Anticipated Draft Merger Guidelines

July 26, 2023 | Blog | By Bruce Sokler, Joseph Miller, Robert Kidwell, Farrah Short, Evelyn French, Sherwet H. Witherington, Payton Thornton

The FTC and DOJ jointly published draft merger guidelines reflecting the agencies’ current aggressive approach to merger enforcement. In an article, Mintz Antitrust attorneys discuss the draft guidelines’ move away from the consumer welfare standard, lower thresholds for deals presumed to be illegal, and other key changes, including a focus on the effect of industry roll-ups.

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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 recent FCC and NSF Workshop on AI’s implications for communications networks and consumers.

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The FTC Is Lurking — AI: The Washington Report

July 12, 2023 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

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 the FTC’s enforcement actions and guidance related to AI.

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On Monday, the FTC lost its bid to preliminarily enjoin Microsoft’s acquisition of Activision, the maker of the popular video game, “Call of Duty.” 

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The National AI Commission Act — AI: The Washington Report

July 5, 2023 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

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 the newly introduced National AI Commission Act that seeks to establish a commission to formulate a legislative framework on AI.

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Proposed Overhaul of HSR Premerger Notification Process

June 28, 2023 | Blog | By Farrah Short, Bruce Sokler, Joseph Miller, Robert Kidwell

The Federal Trade Commission (FTC) announced this week its Notice of Proposed Rule Making, drafted in concurrence with the U.S. Department of Justice (DOJ), that, if implemented would result in significant and burdensome changes to the U.S. merger review process.

 

 

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Advancing the SAFE Innovation in the AI Age Framework — AI: The Washington Report

June 23, 2023 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

The accelerating advances in AI have heightened legislative, executive, and regulatory activities focused on its implications. In a series of articles, Mintz and ML Strategies explore the federal government’s actions in this area, such as the national AI strategic plan and upcoming US Senate forums aimed at forging consensus and informing future legislation.

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New AI Disclosure Bill and AI Strategic Plan Update — AI: The Washington Report

June 13, 2023 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

Read the second edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, or regulatory activities related to AI.

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National Priorities for Artificial Intelligence — AI: The Washington Report

June 8, 2023 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

Read the inaugural issue of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, or regulatory activities related to AI.

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FTC and DOJ Antitrust Memorialize Joint Workshop on the Future of Antitrust Enforcement in the Pharmaceutical Industry

June 6, 2023 | Blog | By Bruce Sokler, Joseph Miller, Robert Kidwell, Payton Thornton

The Federal Trade Commission, in coordination with the U.S. Department of Justice Antitrust Division, recently released a summary of the Agencies’ June 2022 joint workshop titled “The Future of Pharmaceuticals: Examining the Analysis of Pharmaceutical Mergers.”

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FTC Sends Notice of Potential Penalties to Approximately 670 Companies Regarding Substantiation of Advertising Claims

April 13, 2023 | Blog | By Bruce Sokler, Joanne Hawana, Robert Kidwell, Benjamin Zegarelli

On April 13, 2023, the Federal Trade Commission put approximately 670 advertisers on notice that they should avoid deceiving consumers with advertisements that make product claims that cannot be backed up or substantiated.

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Unanimous Federal Trade Commission Orders Illumina, Inc. to Divest GRAIL, Inc.

April 5, 2023 | Blog | By Bruce Sokler, Payton Thornton

The Federal Trade Commission (“FTC”) announced Monday that it had reversed its in-house Administrative Law Judge’s (“ALJ”) Initial Decision dismissing a complaint brought by FTC staff against Illumina, Inc.’s acquisition of GRAIL, Inc.

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On March 16, the U.S. Department of Justice Antitrust Division (“DOJ Antitrust Division”) announced that a federal grand jury returned an indictment charging a former health care staffing executive of fixing wages for nurses.

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