Simpson Thacher Discusses Updated Antitrust Compliance Guidance

By John Terzaken, Abram Ellis, Peter Guryan, Sara Razi, and Sophia Dillon-Davidson December 9, 2024 by renholding

On November 12, 2024, the U.S. Department of Justice (“DOJ”) published updated guidance on how the DOJ’s Antitrust Division will evaluate corporate compliance programs when making charging decisions and sentencing recommendations relating to criminal antitrust violations, such as bid-rigging, price-fixing, …

Wilson Sonsini Discusses the New National Security Rules for Investing U.S. Capital

By Alyza Sebenius, Joshua Gruenspecht and Stephen Heifetz December 6, 2024 by renholding

In late October 2024, the U.S. Treasury Department (Treasury) issued its final rules (the Outbound Rules) implementing President Biden’s Executive Order (EO) 14105 on “outbound” U.S. investment. See our prior mailers here and here. The Outbound Rules will take …

Debevoise & Plimpton Discusses Key Considerations for the 2024 Annual Reporting Season

By Eric T. Juergens, Benjamin R. Pedersen, Paul M. Rodel, Alice Gu and Amy Pereira November 22, 2024 by ngodridge

As November comes to an end, the busy annual reporting and proxy season begins for many public companies. In this Client Update, we highlight key considerations for public companies when preparing their annual reports on Form 10-K or Form 20-F, …

White & Case Discusses SEC 2025 Priorities: AI, Cybersecurity, and Crypto

By Tami Stark and Claudette Druehl November 20, 2024 by eorozco

On October 21, 2024, the US Securities and Exchange Commission (“SEC”) Division of Examinations (“Examination Division”) announced its 2025 Examination Priorities (“Report”). Investment advisers and broker-dealers should ensure that policies, procedures and surveillance efforts related to these priorities address concerns …

DOJ Announces Revisions to Corporate Compliance Guidance

By Nicole M. Argentieri September 27, 2024 by renholding

The Criminal Division is on the front lines of the Justice Department’s efforts to hold culpable individuals and companies accountable for corporate crime. We also develop innovative policies both to encourage companies to be good corporate citizens and to enhance …

Will Large Language Models Propel Financial Statement Analysis Into a New Era?

By Alex G. Kim, Maximilian Muhn and Valeri Nikolaev September 16, 2024 by renholding

Since the introduction of ChatGPT, large language models (LLMs) have completed a variety of tasks with impressive results, from summarizing complex documents to conducting sentiment analysis to extracting relevant information. But are LLMs up to even greater challenges like, say, …

How Board Networks Reinforce Corporate Innovation

By Yang Fan and Mu-Jeung Yang September 6, 2024 by renholding

In recent years, technological advances and structural shifts have catalyzed a surge in corporate investments in research and development (R&D), intellectual property, and other intangible assets. These developments reflect the growing importance of innovation-driven growth in the modern economy. In …

The Promise and Perils of Using AI at Law Reviews

By Hadar Y. Jabotinsky and Roee Sarel August 30, 2024 by renholding

The legal world is no stranger to technological advancements, but the surge in artificial intelligence (AI) capabilities has sparked a movement that is reaching even law reviews. Every submission cycle, Scholastica – the largest platform for law-review submissions – releases …

AI, New Technologies, and Corporate Governance

By Martin Petrin August 19, 2024 by renholding

Business has always had to adapt to new technologies, from the steam engine to the automobile to personal computers. Today, artificial intelligence (AI) and closely related developments like Big Data analytics and machine learning are the technologies transforming business, along …

Skadden Discusses New UK Government’s AI and Cybersecurity Reforms

By Nicola Kerr-Shaw and Aleksander J. Aleksiev August 9, 2024 by renholding

Last month the new Labour government in the UK announced in the King’s Speech that it will introduce new artificial intelligence (AI) rules alongside cybersecurity and digital information bills. A brief overview of these developments is set out below.

Artificial

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Elon Musk’s Threat

By Zohar Goshen July 8, 2024 by renholding

In the wake of a judicial decision invalidating Tesla CEO Elon Musk’s stock-option package, Tesla’s shareholders have voted overwhelmingly to ratify Musk’s pay. Rather than respect investors’ judgment, however, the lawyers who brought the case claimed that the shareholder vote …

SEC Corporation Finance Director Speaks on the State of Disclosure Review

By Erik Gerding June 25, 2024 by renholding

Good afternoon.[1] I appreciate the opportunity to speak with you again today as part of the Corp Fin Workshop. I wanted to make a few remarks about the important work being done in the Division’s Disclosure Review Program and

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Democracy, Discourse, and the Artificially Intelligent Corporation

By Michael R. Siebecker June 19, 2024 by renholding

Does the rise of artificially intelligent corporations threaten the integrity and legitimacy of democracy? This question looms large as the 2024 presidential election approaches. A growing number of academics, business leaders, and politicians warn that unchecked development and dissemination of …

Skadden Discusses the UK ICO Strategy on AI Governance

By David A. Simon, Stuart D. Levi, Nicola Kerr-Shaw, Eve-Christie Vermynck and Jonathan Stephenson June 13, 2024 by renholding

Rather than specifically regulating artificial intelligence (AI), the UK government has opted to rely on the existing web of laws and regulations applying to technology across a spectrum of sectors in its jurisdiction. But with this pro-innovation, principles-based approach comes …

The Elephant in Tesla’s Boardroom

By Lucian Bebchuk and Robert J. Jackson, Jr. June 6, 2024 by renholding

Next week, Tesla investors will cast an unprecedented vote on what a court called the “largest chief-executive pay package in the history of public markets.” While the vote has been closely watched, little attention has been paid to the elephant …

Ropes & Gray Discusses AI and the Copyright Liability Overhang

By David McIntosh, Georgina Jones Suzuki and Yam Schaal May 29, 2024 by renholding

Copyright law, as it relates to Artificial Intelligence (“AI”), is at a crossroads. Rapid innovation in AI has created a great deal of uncertainty regarding whether popular AI platforms infringe copyright. More than a dozen¹ suits are pending across …

Governance Implications of the Latest DOJ Corporate Fraud Enforcement Policies

By Michael W. Peregrine and Ashley C. Hoff March 29, 2024 by renholding

Corporate boards will be called upon to renew their oversight of corporate compliance following the recent announcement of several new corporate fraud enforcement initiatives by the U.S. Department of Justice (DOJ). Most notably, these include a new whistleblower program and …

Skadden Discusses Litigation and Investigation Implications for Companies Adopting GenAI

By Andrew M. Good, Gretchen M. Wolf and Leslie R. Reid March 20, 2024 by renholding

Generative artificial intelligence (GenAI) has seen a rapid expansion in personal and commercial use. Tools such as ChatGPT have helped to automate mundane tasks, create first drafts of communications and streamline research.

While the business uses for such technology are …

Latham & Watkins Discusses FTC AI Agenda and Novel Impersonation Rulemaking

By Ian Connor, Sy Damle, Michael Rubin, Will Schildknect and Charles Sprague March 11, 2024 by renholding

On February 15, 2024, the Federal Trade Commission (FTC) issued a Supplemental Notice of Proposed Rulemaking (SNPRM) seeking comment on a proposed rule that, if implemented, would prohibit the impersonation of any individual and prohibit companies from supplying technology that …

Wachtell Lipton Discusses AI in the 2024 Proxy Season: Managing Investor and Regulatory Scrutiny

By William Savitt, Mark F. Veblen, Kevin S. Schwartz, Noah B. Yavitz, Carmen X. W. Lu and Courtney D. Hauck March 6, 2024 by renholding

Corporate disclosures concerning artificial intelligence have increased dramatically in the past year, with Bloomberg reporting that nearly half of S&P 500 companies referenced AI in their most recent annual reports. And some investors are clamoring for even more, using shareholder …

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