This is part of an ongoing series of Covington blogs on the implementation of Executive Order No. 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “AI EO”), issued by President Biden on October 30, 2023. The first blog summarized the AI EO’s key provisions and related OMB guidance, and subsequent
Generative Artificial Intelligence 101: Copyright Infringement Lawsuits Ahead for Tech Companies
Technology companies are facing a series of lawsuits alleging copyright infringement.
Throughout our Artificial Intelligence 101 blog series, we’ve discussed the hypothetical legal troubles Generative AI can cause. To wrap things up, our final blog post is an overview of the many pending lawsuits that could decide the legal future of Generative AI.
OpenAI,
OMB Issues Guidance to Agencies on Responsible Artificial Intelligence Acquisitions
Contractors interested in offering federal agencies artificial intelligence (AI) can now glean insight into how agencies are expected to conduct AI acquisitions. On September 24, 2024, the Office of Management and Budget (OMB) issued Memorandum M-24-18, Advancing the Responsible Acquisition of Artificial Intelligence in Government (the Memorandum), providing guidance and directing agencies “to improve their
There Is No Spoon: IP Licensing of NFTs, Decentralized Disney, and the SEC’s Jurisdiction Over “Investment Contracts”
No one can be told what the Matrix is.
Similarly vexing, if perhaps somewhat less adaptable to the big screen, is telling someone what an NFT is. It ends up being easier to start with what it is not.
An NFT is not cryptocurrency. Currency, crypto or otherwise, must be fungible. For any monetary
Generative Artificial Intelligence 101: Federal Law Still Does Not Address Use of Generative AI
United States federal law still does not address use of Generative AI, though lawmakers have proposed legislation addressing various issues.
In our previous Generative Artificial Intelligence 101 blog post, we discussed intellectual property infringement as a legal risk of using Generative AI. Today, we jump into a discussion of the various other legal liabilities associated
DOJ Expects Corporate Compliance Programs to Keep Pace with Artificial Intelligence
Newly Updated Evaluation of Corporate Compliance Programs (ECCP) Addresses AI for the First Time
On September 23, 2024, the U.S. Department of Justice (DOJ) revised its Evaluation of Corporate Compliance Programs (ECCP). The revisions addressed several areas, including whistleblower protections and the role of data analysis. But of particular note, the updated ECCP now
September 2024 Developments Under President Biden’s Cybersecurity Executive Order and National Cybersecurity Strategy
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
September 2024 Developments Under President Biden’s AI Executive Order
This is part of an ongoing series of Covington blogs on the implementation of Executive Order No. 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “AI EO”), issued by President Biden on October 30, 2023. The first blog summarized the AI EO’s key provisions and related Office of Management and
The High Risk of Intellectual Property Infringement with Use of Generative AI
Use of Generative AI output carries a high risk of intellectual property infringement liability, particularly with respect to infringement of copyright protected works.
In our previous Generative Artificial Intelligence 101 blog post, we highlighted the various ways in which Generative AI is unreliable and still incapable of truly replicating human work. In today’s post, we
Percipient.ai, Inc. v. U.S.: Government Requests Reconsideration of Federal Circuit’s Decision on Bid Protest Jurisdiction and Standing
As previously discussed on this blog, the Federal Circuit issued a major decision in June 2024 addressing bid protest jurisdiction and standing at the Court of Federal Claims (“COFC”): Percipient.ai, Inc. v. United States.
On September 5, 2024, the United States filed a petition for rehearing of that case — requesting that the