Now more than ever, federal contractors find themselves at the intersection of innovation and regulation, particularly in the realm of Artificial Intelligence (AI). AI is now incorporated into a broad range of business systems, including those with the potential to inform contractor employment decisions. For that reason, the Office of Federal Contract Compliance Programs (OFCCP)
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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
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Taking a Closer Look at ONC’s AI Transparency Regulations
In recent years, organizations have been developing and using predictive models, which are powered by artificial intelligence (AI) and machine learning (ML) technologies, for numerous use cases in clinical and health care settings, including to aid in clinical decision-making. Currently, healthcare AI systems and tools have both clinical and administrative applications, namely monitoring patients,…
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…
Senate HELP Committee Ranking Member Issues Health Data Privacy Policy Recommendations
On February 21, Senator Bill Cassidy (R-LA), Ranking Member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, released a report to propose policy recommendations to revise the Health Insurance Portability and Accountability Act of 1996 (HIPAA) framework and ensure privacy protections for health data and information. In the report, Senator Cassidy highlights recent…
FTC Updates (April 8 – April 12, 2024)
The FTC kept busy through the week of the ABA Antitrust Spring Meeting including an appearance by Chair Lina Khan at the Spring Meeting on an antitrust enforcement panel. Beyond that, the FTC had enforcement actions, inter-governmental collaborations, and public engagement this week. This, and more, after the jump.…
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AI Governance, Bid Protests, Software Attestation
This week’s episode covers an OMB memo directing agencies to advance AI governance and innovation, a bid protest involving compliance with the Trade Agreements Act, and an updated Secure Software Development Attestation Form that must be used by certain software producers and suppliers of products containing software, and is…
Recent Developments from the Federal Government Relating to AI
AI remains a critical focus of both the federal government and industry, with multiple efforts in recent weeks to address governance of the development and use of AI in the United States. On February 26, 2024, a U.S. Department of State-commissioned report, titled “Defense in Depth: An Action Plan to Increase the Safety and Security…
OMB Releases Final Guidance Memo on the Government’s Use of AI
On March 28, 2024, the Office of Management and Budget (OMB) released Memorandum M-24-10, Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence (Memo), updating and implementing OMB’s November 2023 proposed memorandum of the same name. The Memo directs agencies “to advance AI governance and innovation while managing risks from the use of…
Significant Implications for FCA Defendants: Second Circuit Clarifies “Willfulness” in McKesson Decision
In a pivotal ruling that may reshape the landscape of False Claims Act (“FCA”) litigation, the United States Court of Appeals for the Second Circuit adopted a nuanced interpretation of “willfulness” under the federal Anti-Kickback Statute (“AKS”).…