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FTC Chair Lina Khan: No AI Exemptions — AI: The Washington Report

October 6, 2023 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

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.

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Continue to Watch Out for the FTC — AI: The Washington Report

September 29, 2023 | Article | By Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir

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.

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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.

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FTC Follows Through on Promise to Roll Over Health Care Roll Ups

September 26, 2023 | Blog | By Bruce Sokler, Joseph Miller, Payton Thornton

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.

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Leader Schumer Holds the Senate’s Inaugural AI Insight Forum — AI: The Washington Report

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

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.

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Announcing the Mintz Federal AI Legislation Tracker — AI: The Washington Report

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

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.

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AI Regulation is Here. Are you Prepared? (Part 1: Unfair or Deceptive Conduct) — AI: The Washington Report

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

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. 

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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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