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AI
Cleary Gottlieb Discusses AI’s Risks for Boards and Managers
Artificial intelligence (AI)[1] was the biggest technology news of 2023. AI continues to revolutionize business in big and small ways, ranging from disrupting entire business models to making basic support functions more efficient. Observers have rightly focused on the …
SEC Chair Speaks on AI, Finance, Movies, and the Law
Davis Polk Discusses the FSOC Annual Report
The Financial Stability Oversight Council released its 2023 Annual Report, highlighting its 2023 activities, significant financial market and regulatory developments and potential emerging threats to U.S. financial stability. The 2023 Annual Report newly identifies artificial intelligence and insurance as vulnerabilities …
Debevoise & Plimpton Discusses the EU Artificial Intelligence Act
On December 8, 2023, after months of negotiations, the European Commission, the European Parliament and the European Council reached political agreement on the terms of the European Union Artificial Intelligence Act (the “EU AI Act” or the “Act”). We previously …
Skadden Discusses AI Training Case Brought by Thomson Reuters
In Thomson Reuters v. Ross Intelligence,[1] a district court largely denied the parties’ cross motions for summary judgment and held that a number of factual issues must be decided by a jury.
- The decision provides some insight into
Cleary Gottlieb Discusses Roadblocks for Plaintiffs in Generative Artificial Intelligence Lawsuit
On October 30, 2023, U.S. District Judge William Orrick of the Northern District of California issued an Order[1]largely dismissing without prejudice the claims brought by artists Sarah Andersen, Kelly McKernan and Karla Ortiz in a proposed class action …
Is Regulating AI an Impossible Task?
To regulate artificial intelligence, or AI, it is important to look at the various, and often contradictory, settings where AI operates – and how it is treated there. For example, data privacy generally and in particular open banking, in which …
Wachtell Lipton Discusses Executive Order on the Risks of Artificial Intelligence
On Monday, the Biden Administration issued a long-awaited executive order on artificial intelligence, directing agencies across the federal government to take steps to respond to the rapid expansion in AI technology. The order attempts to fill a gap in national …
Visual Information in the Age of AI
Information disclosed by corporations plays a fundamental role in shaping asset prices and the expectations of investors. That information typically comes in financial statement releases, conference calls, annual reports, and the news media. In a recent paper, though, we …
Arnold & Porter Discusses Yet Another Warning From Banking Regulators About AI Bias
On July 18, 2023, Federal Reserve Vice Chair for Supervision Michael Barr cautioned banks against fair lending violations arising from their use of artificial intelligence (AI). Training on data reflecting societal biases; data sets that are incomplete, inaccurate, or nonrepresentative; …
The Argument for Strong Board Oversight of Artificial Intelligence
Corporate governance can play an important role in a company’s approach to machine learning technologies such as artificial intelligence (“AI”) and in the mitigation of risks associated with their use.
A thoughtfully developed governance structure for AI will reflect oversight, …
SEC Chair Gensler Speaks About the Financial Risks of Artificial Intelligence
Lawyers Must Responsibly Embrace Generative AI
The legal industry is on the brink of transformative change driven by the power of generative artificial intelligence (GAI) technologies such as ChatGPT. Goldman Sachs has predicted GAI could propel a 7 percent (or almost $7 trillion) increase in global …
Skadden Discusses How Supreme Court Decision in Jack Daniel’s May Affect AI-Generated Works
Among the various types of AI-generated works that are being created and marketed nowadays are works that replicate the sound or visual images of specific artists. In many cases, these works, or the models or tools that helped generate them, …
Skadden Discusses Evaluating and Managing AI Risk Using the NIST Framework
The rapid adoption of artificial intelligence (AI) technology into corporate environments has left many organizations understandably struggling with how to identify, measure and manage the unique risks of these nascent systems. Organizations are also trying to determine a pathway to …
Chat GPT and Corporate Political Speech
ChatGPT and artificial intelligence (“AI”) generally might enhance our lives in many ways, but some people fear significant, pernicious outcomes as well. For instance, in a recent poll of 1,000 U.S. business leaders, almost half said their companies had already …
What Should We Do About ChatGPT?
Almost everyone seems to be talking about ChatGPT. This new AI-enabled chatbot, which can swiftly produce answers that feel as if a human wrote them, promises to revolutionize how we generate text. Although ChatGPT emerged just a few months ago, …
Debevoise Discusses Malicious Corporate Deepfakes
Content generated by artificial intelligence (“AI”) continues to improve and become more convincing. These realistic images, audio, and videos, where used for purposes of a misrepresentation or to falsely spread information, are commonly dubbed “deepfakes.” Governments around the world are …
Economic and Normative Implications of Algorithmic Credit Scoring
Commercial use of artificial intelligence (AI) is accelerating and transforming nearly every economic, social, and political domain. Yet, academic commentary on algorithmic decision-making in financial services has warned that historical data could result in biased algorithmic tools.[1] Bias, among …