On June 7, 2024, the Federal Circuit issued a major decision addressing bid protest jurisdiction and standing at the Court of Federal Claims (“COFC”). In Percipient.ai, Inc. v. United States, the court found that COFC has jurisdiction to hear a protest challenging a matter of contract administration — even where the matter arose in
Government
April 2024 Developments Under President Biden’s Cybersecurity Executive Order, National Cybersecurity Strategy, and AI Executive Order
This is part of an ongoing series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken by various government agencies to…
Office of Federal Contract Compliance Programs Releases New Guidance on the Use of Artificial Intelligence in Federal Contracting Employment Processes
Recently, the Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) unveiled new guidance regarding the use of automated systems and artificial intelligence (collectively referred to as “AI”) in the workplace. This guidance was issued as a part of a series of actions that the Biden administration has taken to address AI in…
State AG Updates: April 4-17, 2024
Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. Here are this week’s updates.
Multistate
- In the first week of April, the state attorneys general gathered for a meeting of the Attorney General Alliance (ANA). The alliance discussed ANA chair and Nevada Attorney General Ford’s initiative on
…
March 2024 Developments Under President Biden’s Cybersecurity Executive Order, National Cybersecurity Strategy, and AI Executive Order
This is part of a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken by various government agencies to implement…
National Association of Attorneys General Spring Symposium Antitrust 101: Perspectives and Trends
Crowell attorneys attended the National Association of Attorneys General (NAAG) Spring Symposium in Chicago, Illinois on April 24-26. As usual, the conference included multiple receptions and other networking events allowing the Crowell attorneys in attendance to engage with multiple attorneys general and a host of their respective staff members. The team attended a session titled…
OMB Embraces Government Use of Artificial Intelligence
Robyn N. Burrows and Sara N. Gerber ● Last month, the Office of Management and Budget (“OMB”) issued a memorandum directing federal agencies to adopt artificial intelligence (“AI”) and advance its use to inform and carry out agency actions. OMB’s new policy addresses three main areas it views as necessary for responsibly deploying AI in agency…
February 2024 Developments Under President Biden’s Cybersecurity Executive Order, National Cybersecurity Strategy, and AI Executive Order
This is the thirty-fourth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs describes described the actions taken by various government agencies…
OMB Issues Memo to Guide Agency Use of AI; Seeks Public Input on AI Procurement
On March 28, the federal Office of Management and Budget (OMB) took two steps to further define federal government policy on the use of artificial intelligence (AI) products and services by federal agencies and the procurement of AI products and services. Both actions were directed by Executive Order 14110 (Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,…
Wisconsin’s New Regulation of AI and Deepfakes in Political Communications
As the capabilities of generative artificial intelligence have increased, so have concerns that generative AI might be used to manipulate voters and the administration of elections in the 2024 presidential election and primaries. The first warning shot came in New Hampshire on January 21, 2024, two days before the New Hampshire Presidential Primary Election, when…