On June 2, the Federal Trade Commission (FTC) announced modifications to its in-house adjudicative proceedings of agency challenges to mergers and acquisitions by reducing the decision-making power held by administrative law judges (ALJs). This change will affect how the agency’s antitrust challenges are decided. Even though the previous process had been in place for decades, the FTC was not required to receive public comment because the change affects only internal procedures.Continue Reading Administrative Law Judges Face Diminished Authority Under New FTC Rule
On May 17, District of Colombia Attorney General Brian Schwalb announced the settlement of an investigation into Easy Healthcare Corporation, requiring the company to change its privacy practices involving the ovulation tracking app “Premom” to protect the sensitive reproductive data of consumers. Easy Health agreed to several remedial measures intended to prevent the disclosure of sensitive information to third parties and to pay a $100,000 penalty to the states involved with the investigation.Continue Reading AGs Require Company With Ovulation Tracking App to Protect User Data
The Department of Defense (DOD) wants to make it easier for companies with innovative solutions, such as startups, to bid on and receive federal government contracts. As such, DOD recently proposed a Defense Federal Acquisition Regulations (DFARS) amendment to implement provisions of the 2022 and 2023 National Defense Authorization Acts, which provide DOD with the authority to acquire “innovative commercial products and commercial services” under general solicitations using a new, more streamlined competitive selection process called a “commercial solution opening” (CSO). The amendment will add a new subpart to DFARs Part 212 at 212.7X. DOD expects the proposed process to reduce transaction costs for both private and public sectors, which it hopes will encourage smaller companies with innovative ideas and proven solutions to take part in the federal government contracting marketplace.Continue Reading New DOD Contracting Process Aims to Attract Innovative Startups
Published in Law360 on January 25, 2023. © Copyright 2023, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission.
In recent months, there has been an explosion of artificial intelligence tools that have given even technophobes an opportunity to test AI’s power from the comfort of their favorite web browser.
From DALL-E’s ability to generate digital images from natural language prompts to ChatGPT’s ability to answer questions, write blog posts, essays, poetry or even song lyrics, today’s AI tools can be used by anyone who can open a web browser.Continue Reading Preparing for an Era of Regulated Artificial Intelligence
Just before the new year, Maryland Attorney General Brian Frosh announced a $250,000 settlement with Caliber Homes, Inc. to resolve allegations that Caliber attempted to mislead approximately 220,000 consumers into thinking that its mailings actually came from the customers’ current mortgage companies by sending advertisements that displayed the name and mailing address of the consumers’ original mortgage company instead of Caliber’s. AG Frosh alleged that Caliber’s conduct violated Maryland law, which prohibits licensed lenders from advertising under any name or address that is not their own.Continue Reading Maryland AG Targets Misleading Mailers
California Attorney General Rob Bonta, in partnership with the Department of Justice, announced two settlements with providers for Medi-Cal (California’s Medicaid program), following allegations under state and federal false claims acts that the providers submitted fraudulent claims to the government from 2014 through 2016. Consequently, Dignity Health, Twin Cities Community Hospital, and Sierra Vista Regional…
Updated November 11, 2022 at 11:29 AM ET
2022 State Attorneys General Election Re-Cap
On November 8, 30 states and the District of Columbia held elections for state attorneys general. Below are the current results of the elections for each of the 31 races. We will continue to update this blog post as results are…
Critical Infrastructure Must Soon Report Cyber Incidents to CISA Immediately
In March, President Biden signed the “Cyber Incident Reporting for Critical Infrastructure Act” (CIRCIA) into law. CIRCIA applies to the Critical Infrastructure Sector, which includes entities that are “vital to the United States” and whose incapacitation or destruction would have an adverse effect on national…
This article was originally published on August 19, 2022 in Reuters and is republished here with permission.
Companies today face increased risks from numerous regulatory bodies at the municipal, state, and federal levels. As we discussed in our previous article, “Preparing Companies for a New Day in Multistate AG Investigations,” sophisticated regulators —…
On April 29, Aerojet Rocketdyne Holdings Inc. (Aerojet) settled claims by whistleblower Brain Markus for a reported $9 million after the second day of a jury trial. This is the second recent settlement under the False Claims Act (FCA) relating to alleged misrepresentations about a company’s cybersecurity practices and systems in connection with…