Regulators on High Alert for 'AI Washing': The Morning Minute
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December 27, 2023 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
DO NOT WASH - Federal regulators say they're ready to pounce on companies that seek to add sizzle to a product's marketing by making unsubstantiated artificial intelligence claims, Law.com's Hugo Guzman reports. The practice even has a catchy name, "AI washing," the high-tech equivalent of "greenwashing"— making of unsupported environmental claims, a practice companies have long known could put them in regulators' crosshairs. Speaking at an AI-focused event earlier this month, SEC Chair Gary Gensler warned companies against making bold AI claims unless they're backed by hard evidence. "Don't do it," he said. "One shouldn't greenwash and one shouldn't AI wash." The FTC delivered a similar message back in February, warning companies not to exaggerate what their AI products can do, not to falsely claim their AI-powered products perform better than non-AI alternatives, and not to claim their products use AI when they actually don't.
STILL SCRIMPING - Legal chiefs say they're preparing to face numerous challenges in 2024—from monitoring the growing use of generative AI by workers to complying with ever-growing privacy regulation—but will have to do so under—surprise, surprise—tight budget constraints. "We're in still a bit of an uncertain economic environment. So for every person that's managing any function of a company, your thought process is going to be focused on helping the company grow within an environment that isn't necessarily full of growth," Andy Dale, GC of the advertising platform OpenAP, told Law.com's Trudy Knockless. "Everybody is looking at budgets. Everybody is looking at their forecast for their outside counsel spend, and thinking through what things are going to be possible and what they're going to need help for during the year."
ON THE RADAR - Bristol-Myers Squibb has agreed to acquire Karuna Therapeutics for a total equity value of approximately $14 billion. The transaction, announced Dec. 22, is expected to close in the first half of 2024. New York-based Bristol-Myers was advised by Covington & Burling. Karuna Therapeutics, which is based in Boston, was represented by a Simpson Thacher & Bartlett team led by New York-based partners Eric Swedenburg, Jakob Rendtorff and Alan Klein. Stay up on the latest state and federal litigation, as well as the latest corporate deals, with Law.com Radar.
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J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
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Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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