AI Is Everywhere! Addressing the Legal Risks Through Contracting

You can’t look in the news or see social media posts each day without hearing about artificial intelligence in healthcare. In fact, the advancements in AI in healthcare are making leaps and bounds, seemingly with each day that goes by.

But nursing homes and assisted living providers need to understand not jus the benefits of how AI can improve quality of resident care and improved operations, but also the legal issues surrounding AI in your facility.

Read the full article by Duane Morris partner Neville M. Bilimoria on the McKnight’s Long-Term Care website.

Guidelines for Tech Use in Mergers

On July 19, 2023, the Department of Justice and the Federal Trade Commission (FTC) jointly released draft Merger Guidelines to amend and update both the 2010 Horizontal Merger Guidelines and the Vertical Merger Guidelines that were issued in 2020 and later rescinded by the FTC in 2021.

The draft guidelines underscore recent enforcement efforts to rein in technology mergers. They target large platform providers, as well as mergers that might entrench or extend a dominant position (suggesting that a 30 percent share implies a dominant position). The draft guidelines focus on multisided platforms and competition between platforms, on the platform and to displace a platform. The agencies also specifically reference the use of algorithms and artificial intelligence in assessing potential post-merger coordination. Read the full Alert on the Duane Morris website.

Artificial Intelligence Updates – 06.14.23

#HelloWorld. Regulatory hearings and debates were less prominent these past two weeks, so in this issue we turn to a potpourri of private AI industry developments. The Authors Guild releases new model contract clauses limiting generative AI uses; big tech companies provide AI customers with a series of promises and tips, at varying levels of abstraction; and the Section 230 safe harbor is ready for its spotlight. Plus, ChatGPT is no barrel of laughs—actually, same barrel, same laughs. Let’s stay smart together.

Read more on The Artificial Intelligence Blog.

FDA Issues Recommendations on Artificial Intelligence Software Functions

The U.S. Food and Drug Administration (FDA) has issued a draft guidance intended to promote the development of safe and effective medical devices that use a type of artificial intelligence (AI) known as machine learning (ML). The draft guidance further develops FDA’s least burdensome regulatory approach for AI/ML-enabled device software functions (ML-DSFs), which aims to increase the pace of innovation while maintaining safety and effectiveness.

Read the full Alert on the Duane Morris website.

Artificial Intelligence Updates – 05.31.23

#HelloWorld. In this issue, we head to Capitol Hill and summarize key takeaways from May’s Senate and House Judiciary subcommittee hearings on generative AI. We also visit California, to check in on the Writers Guild strike, and drop in on an online fan fiction community, the Omegaverse, to better understand the vast number of online data sources used in LLM training. Let’s stay smart together.

Read more on The Artificial Intelligence Blog.

Artificial Intelligence Updates – 05.02.23

#HelloWorld. We originally thought this edition would focus on OpenAI’s attempts to self-regulate GPT usage, but the European Union had other plans for us. This past Thursday, news broke of an agreement to add generative AI tools to the AI Act, the EU’s centerpiece AI legislation. So today’s issue starts there, before discussing OpenAI’s and others’ recent announcements regarding training data access and usage.

Read more on The Artificial Intelligence Blog.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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