On August 14, the FTC announced a final rule that, according to the FTC, is intended to “combat fake reviews and testimonials.” The rule will go into effect on October 21, 2024. This final rule is the culmination of the FTC’s issuance of an advance notice of proposed rulemaking (ANPRM) in November 2022 and notice
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California Passes Digital Replica Legislation as Congress Considers Federal Approach
In late August, the California legislature passed two bills that would limit the creation or use of “digital replicas,” making California the latest state to seek new protections for performers, artists, and other employees in response to the rise of AI-generated content. These state efforts come as Congress considers the NO FAKES Act (S.
Trade Agreements Act Certifications Undergo New Scrutiny
GAO’s recent protest decision in HPI Federal, LLC, B-422583, Aug. 9, 2024, 2024 WL 3823852, highlights the importance of making clear and precise Trade Agreements Act (TAA) compliance certifications when offering products for sale to the U.S. Government.
- On the one hand, GAO found that it was unreasonable for an agency to accept
…
August 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 OMB guidance, and subsequent…
California State Court Holds That A Concrete Injury-In-Fact Is Required To Bring Claims Under CIPA
The California Invasion of Privacy Act (CIPA) provides a private right of action only to those who have “been injured by a violation of” CIPA. A California Superior Court decision, Rodriguez v. Fountain9, Inc., 2024 WL 3886811, at *4 (Cal. Super. July 9, 2024), confirmed that a plaintiff cannot satisfy this statutory standing requirement unless…
What do European Commission President von der Leyen’s Political Guidelines Mean for the 2024-2029 Mandate?
On 18 July 2024, Ursula von der Leyen, the current President of the European Commission (“Commission”), was reconfirmed by the European Parliament for a second term. Ahead of her reconfirmation, President von der Leyen delivered a speech before the European Parliament, accompanied by a 30-page program (the “Guidelines”) that lays down the next five-year policy…
DoD Rolls Out Proposed Changes to Prototype OTA Regulations
On September 4, DoD published a proposed rule updating the other transaction (OT) regulations set forth in 32 CFR part 3. These updates are intended to implement various changes to the prototype OT statute (42 U.S.C § 4022) previously enacted by Congress. Among other things, those changes included:
- An expansion of the “appropriate circumstances” under
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FCC Adopts Initial Rules for Drone Operations
On August 29, 2024, the Federal Communications Commission (the “Commission”) adopted rules (the “Order”) enabling licensed initial drone operations in the 5 GHz spectrum band, allowing for reliable and protected wireless communications necessary for controlling “uncrewed aircraft systems” (“UAS”). The Order is an initial step in the Commission’s phased approach to developing licenses and service…
August 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…
ECJ decides that EU Member States cannot refer below-threshold transactions to the European Commission (Illumina/Grail v Commission)
On 3 September 2024, the European Court of Justice (“ECJ”) published its highly-anticipated judgment in Illumina/Grail v Commission (Joined Cases C‑611/22 P and C‑625/22 P) (“ECJ Judgment”), regarding the scope of application of Article 22 of the EU Merger Regulation (“EUMR”).
The ECJ set aside the EU General Court (“GC”) judgment (Case T‑227/21) and ruled…