SEC officials have for months been signaling their concerns about companies overstating their AI credentials, a phenomenon that the officials and others have called “AI washing.” As set out and partially transcribed in a September 5, 2024, TheCorporateCounsel.net post (here), SEC Chair Gary Gensler recently recorded a video in which he reiterated concerns
Corporate & Commercial
What to Watch Now in the World of D&O
Every year after Labor Day, I take a step back to survey the most important current trends and developments in the world of Directors’ and Officers’ liability and insurance. This year’s review is set out below. As the following discussion shows, this is a particularly interesting time in the world of D&O.…
SEC Files Enforcement Action Alleging AI-Related and Pre-IPO Misrepresentations
The SEC has already made it clear that it intends to pursue enforcement actions against firms that misrepresent their Artificial Intelligence (AI) capabilities. In the latest example of the SEC’s commitment in that regard, earlier this week the SEC filed an enforcement action against an investment advisory firm, its holding company, and the two firms’…
Quick Question Tuesday, Part 7: What Currency Should I Use in My China Contract?
What Currency Should I Use in My China Contract?
As lawyers, we spend a lot of time fielding good, bad, weird, interesting, deep, superficial, and all types of other questions from people. We’re generally expected to be oracle-level wizards, a lot like people are treating AI now. In this series, we’ll share some of these…
Generative Artificial Intelligence 101: What Is Generative AI, and What Are Its Benefits?
What Is Generative AI, and What Are Its Benefits?
To understand the impact of generative artificial intelligence technology (Generative AI), it is helpful to understand first how this technology differs from artificial intelligence that has been in routine use by many industries.
Artificial intelligence encompasses any theory, computer system, or software that is developed to…
Generative Artificial Intelligence 101: An Introduction
What is Generative AI, what can it do, and what should you be worried about?
Generative artificial intelligence technology (“Generative AI”) has seen a surge in advancement and attention in the past few years. With the release of ChatGPT and other generative artificial intelligence models (also referred to as “generative AI programs” or simply AI…
Quick Question Tuesday, Part 6: Is China Winning the AI Race?
Is China Winning the AI Race?
As lawyers, we spend a lot of time fielding good, bad, weird, interesting, deep, superficial, and all types of other questions from people. We’re generally expected to be oracle-level wizards, a lot like people are treating AI now. In this series, we’ll share some of these questions that people…
Illinois Civil Rights Protection Goes High-Tech: Illinois Human Rights Act Expanded to Include AI Regulation
Illinois Human Rights Act Expanded to Include AI Regulation
Recently, Illinois Governor Pritzker signed H.B. 3773 into law, marking a significant expansion of the Illinois Human Rights Act to include specific regulations on the use of artificial intelligence (AI) in employment decisions. This move reflects the state’s ongoing commitment to civil rights protection, now extending…
Boards of Directors and AI-Related Concerns
At this point, there is nearly universal agreement that artificial intelligence (AI) is (or at least will be) transformative. It is also clear that as companies struggle to adapt to the new technology, they also face a host of challenges, including disclosure and regulatory risks, and the related risk of litigation. As a result, AI…
AI, New Technologies, and Corporate Governance
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 with more established advances such as cloud computing and mobile connectivity. Together, these technologies raise…