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    Apr. 24, 2024

Answers to Top Questions About the E.U. AI Act: Reach and Unique Requirements

The European Regulation on Artificial Intelligence, or E.U. AI Act (Act), was approved last month and is the world’s first comprehensive AI law. The Act lists extensive mandates for Big AI platforms and providers of high-risk systems but will require all companies with European customers to carefully assess the risks of their AI use. Despite the Act’s 113 chapters and 13 annexes, it lacks details on how to fulfill several crucial mandates. This two-part article series, including perspectives from experts at Luminos.law and Orrick, delivers answers to common questions about the Act. This first installment of the series addresses initial reactions among companies and delves into gray areas around requirements, such as those directed at training data, categorization of providers and deployers, and use of generative AI features. Part two will answer key questions about companies’ risk classifications and offer steps companies can take to prepare for the Act. See “AI Governance Strategies for Privacy Pros” (Apr. 17, 2024).

Examining Maryland’s Game-Changing Data Minimization Requirements

Maryland’s Online Data Privacy Act, passed by the state’s legislature on April 6, 2024, and awaiting the governor’s signature, will bring forth data minimization requirements that are among the broadest and most strict in the U.S. to date. Days before Maryland sent the law to the governor for signature, the California Privacy Protection Agency published its first enforcement advisory on data minimization under the CCPA. This article explores the nuances of Maryland’s data minimization provisions compared to other state data privacy laws, including California’s, and offers practical compliance takeaways. See “How to Comply With the CPRA’s Data Minimization Standards” (Feb. 8, 2023).

Common Law Fraud and SEC v. Jarkesy: The Key Issue Underlying the Questions Presented

In SEC v. Jarkesy, the U.S. Supreme Court (Court) is poised to determine the constitutionality of the SEC’s practice of enforcing the securities laws through administrative proceedings. How the Court will answer that question is unclear, but whatever the Court decides will have far-reaching implications. Beyond the obvious repercussions for SEC proceedings and the administrative state generally, the case also offers the Court a chance to weigh in on another significant question: What are the contours of common law fraud? This guest article by MoloLamken attorneys Eric R. Nitz and Kenneth E. Notter III discusses the proceedings before the Court, how the Court appears likely to rule and the implications the Court’s decision may have on SEC enforcement efforts – and fraud actions generally. See “Agency Power and Adjudication: The Government Seeks Supreme Court Review of Jarkesy v. SEC” (Jun. 21, 2023).

Holland & Knight Welcomes Data Strategy and Privacy Attorney in Boston

Holland & Knight has welcomed senior counsel Kevin Angle to its data strategy, security & privacy group in Boston. He arrives from Ropes & Gray. For insights from Holland & Knight, see “Examining the Washington Attorney General’s FAQs on the My Health My Data Act” (Sep. 13, 2023); and “Analyzing 2023’s New State Privacy Laws: Oregon and Delaware Join the Strictest Tier” (Jul. 12, 2023).

Technology Partner Joins McGuireWoods in New York

Former in-house counsel for two Fortune 500 technology companies Nancy Ryan has joined McGuireWoods as a partner in New York. She arrives from NetApp Inc., a multinational storage, data management, hardware, software and cloud services company, where she was a director and senior legal counsel. For insights from McGuireWoods, see “Navigating the Interplay of Cyber Insurance With Other Potential Coverage” (Mar. 1, 2023); and “Getting Started With CMMC: How to Prepare and What to Expect From the Assessment” (Feb. 3, 2021).

Most-Read Articles

Spotlight on Trailblazing Women

To mark International Women’s Day 2024, women editors and reporters of ION Analytics interviewed outstanding women in the industries and jurisdictions we cover. In this part, Jill Abitbol, Managing Editor of the Cybersecurity Law Report and Anti-Corruption Report, features notable women in data privacy, cybersecurity, white collar defense, compliance and anti-corruption law, including Christina Montgomery, Leslie Shanklin, Palmina Fava, Alexandra Ross and Lucinda Low. Enjoy reading their inspiring remarks here.

We Celebrate Data Privacy Day 2024

Read the full brief here.