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Is Your AI Testing Tool a Breach of Contract Claim Waiting to Happen?

Reliability, security, and legal compliance. These are assurances that customers purchasing technology products expect from their providers, and which are often required as part of the contracts for such products. AI Providers, however, are lagging in their willingness to contractually commit to such assurances, let alone deliver in practice. Thus,…

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Operational Resilience Requirements May Be Coming for Large U.S. Banks Soon

On March 12, 2024, Acting Comptroller of the Currency Michael Hsu indicated in a speech that regulations may soon be forthcoming that would be designed to bolster larger depository institutions’ ability to withstand disruptions to their critical operations. If enacted, these regulations would require covered financial institutions (and by extension, their…

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eIDAS 2.0 Paves the Way for a Unified Digital Identity Framework in the EU

Electronic identification and trust services (eIDAS) refer to a range of services that include verifying the identity of individuals and businesses online and verifying the authenticity of electronic documents. Since 2014, such services provided in the EU have been subject to the eIDAS Regulation, which aimed to create a predictable…

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Old Tricks for the New Dog: Why Traditional Technology Sourcing Best Practice Is Relevant for Cutting-Edge AI

Since the release of OpenAI’s ChatGPT, the intense hype around large language models (LLMs) and complex AI systems has exploded. Organizations have rushed to both try and buy these new tools. Along with it, a flood of commentary continues to flow regarding how to use the tools productively and responsibly,…

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EU Reaches Agreement on New “AI Act”: The World’s First Comprehensive AI Law

The Council of the European Union and the European Parliament reached a provisional agreement on a new comprehensive regulation governing AI, known as the “AI Act,” late on Friday night (December 8, 2023). While the final agreed text has not yet been published, we have summarized what are understood to…

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The Impact of AI Foundation Models on Competition, Consumers and Regulation: A View from the UK’s CMA

The Competition and Markets Authority (CMA), the UK’s competition regulator, announced this month that it plans on publishing an update in March 2024 to its initial report on AI foundation models (published in September 2023). The update will be the result of the CMA launching a “significant programme of engagement”…

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Key Takeaways from the UK’s AI Summit: The Bletchley Declaration

The United Kingdom hosted an Artificial Intelligence (AI) Safety Summit on November 1 – 2 at Bletchley Park with the purpose of bringing together those leading the AI charge, including international governments, AI companies, civil society groups and research experts to consider the risks of AI and to discuss AI…

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Drafting Limitation of Liability Clauses: Practical Tips from the UK High Court

A decision of the High Court of the United Kingdom earlier this year is an important reminder that the limitation of liability clause remains a crucial piece of any high value or complex contractual arrangement. The importance of such a clause seeking to restrict a party’s financial exposure in the…

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The New UK-U.S. Data Bridge

The UK and U.S. Governments have now formalized the UK-U.S. Data Bridge. The U.S. Attorney General designated the UK as a “qualifying state” for the purposes of the Executive Order 14086 on September 18, 2023, and the UK regulations implementing the Data Bridge are scheduled to take effect on October…

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Implementing a Policy for Employee Use of ChatGPT in the Workplace

The use of generative AI tools, like ChatGPT, are becoming increasingly popular in the workplace. Generative AI tools include artificial intelligence chatbots powered by “large language models” (LLMs) that learn from (and share) a vast amount of accumulated text and interactions (usually snapshots of the entire internet). These tools are…

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