The FCC’s recent introduction of a new Voluntary Cybersecurity Labelling Program for consumer Internet of Things (IoT) products reflects the continued desire by U.S. regulators to bolster the security of the ever-increasing number of internet-connected household items available to the public. UK and EU regulating authorities are no different, and are in the midst of introducing new cybersecurity requirements for the IoT ..read more

Testing AI systems is essential for ensuring their effectiveness, reliability and safety in real-world applications. Companies can employ various mechanisms to rigorously evaluate their AI technologies. In “Is Your AI Testing Tool a Breach of Contract Claim Waiting to Happen?”, colleagues Mia Rendar and Sam Reno explore how, as AI products grow in both popularity and technical complexity, and as robust testing tools become indispensable, the very utilization of such tools may unwittingly expose companies to legal risks ..read more

The potential of artificial intelligence to transform industries is well-established, but what exactly does that mean for a specific industry? For Pratt’s Energy Law Report, Robert A. James, Aimee P. Ghosh, Cara M. MacDonald and the Hon. Jerry McNerney take readers on a deeper dive exploring the opportunities, risks and regulations in the specific applications of artificial intelligence to renewable energy and to the electric power ecosystem into which renewables fit. Read “Artificial Intelligence in Renewable Energy” now.     ..read more

Electronic identification and trust services (eIDAS) refer to a range of services that include verifying the identity of individuals and businesses online and verifying the authenticity of electronic documents. Since 2014, such services provided in the EU have been subject to the eIDAS Regulation, which aimed to create a predictable regulatory environment across the EU and ensure that interoperability across different EU Member States. The eIDAS Regulation’s complexity, inflexibility and perceived limitations resulted in limited adoption, while the COVID-19 pandemic simultaneously fueled an in ..read more

On March 13, 2024, the EU Parliament voted to pass the EU’s much-discussed AI Act (with 523 votes in favor, 46 against and 49 abstentions). For an insight into the AI Act’s progression through the EU lawmaking system, see our earlier posts: here, here and here. The legal text of the regulation will now be reviewed before it is endorsed by the EU Council and then finally adopted. The AI Act will come into force 20 days after the final text is published in the Official Journal of the European Union, with a phased implementation timeline ..read more

In the cutthroat arena of business, where ideas spark revolutions, the protection of intellectual property (IP) is not just a legal formality—it’s a survival strategy. Imagine a world where your groundbreaking ideas, painstakingly nurtured, are snatched and claimed by others. This isn’t just a hypothetical scenario; it’s a real threat that underscores the power of IP protection ..read more

On January 5, 2024, the Federal Trade Commission (FTC) published an article discussing privacy issues related to the DNA information that many consumers provide to genetic testing companies. This post outlines key takeaways from the article and recent FTC enforcement actions, emphasizing the privacy implications for consumers and the responsibilities of businesses operating in this space ..read more

On December 5, 2023, the U.S. Court of Appeals for the Second Circuit affirmed a temporary restraining order and preliminary injunction secured by skateboard apparel company Vans against, MSCHF, an infamous parodist company. The Court found that the district court had correctly concluded that Vans was likely to succeed on its trademark infringement claims against MSCHF for its Wavy Baby sneakers, which allegedly parodied Vans’ iconic “Old Skool” sneaker design ..read more

On December 11, the Review Board of the U.S. Copyright Office affirmed the refusal to register yet another AI-generated work. The decision follows the Office’s refusal to register Dr. Stephen Thaler’s A Recent Entrance to Paradise (which was affirmed in federal court, reported here, and is on appeal to the U.S. Court of Appeals for the District of Columbia), Kris Kashtanova’s Zarya of the Dawn (reported here), and Jason Michael Allen’s Théâtre D’opéra Spatial ..read more

The Council of the European Union and the European Parliament reached a provisional agreement on a new comprehensive regulation governing AI, known as the “AI Act,” late on Friday night (December 8, 2023). While the final agreed text has not yet been published, we have summarized what are understood to be some of the key aspects of the agreement ..read more