May 5, 2022

FTC Enforcement Highlights the Importance of Preserving Privacy in AI Development: How to Avoid AI Model Destruction

By Alaap B. Shah of Epstein Becker & Green

The success of an artificial intelligence (AI) algorithm depends in large part upon trust, yet many AI technologies function as opaque ‘black boxes.’ Indeed, some are intentionally designed that way. This charts a mistaken course.

Trust in AI is engendered through transparency, reliability and explainability. In order to achieve those ends, an AI application must be trained on data of sufficient variety, volume and verifiability. Given the criticality of these factors, it is unsurprising that regulatory and enforcement agencies afford particular attention to whether personally-identifiable information (“PII”) has been collected and employed appropriately in the development of AI. Thus, as a threshold matter, when AI training requires PII (or even data derived from PII), organizations need to address whether such data have been obtained and utilized in a permissible, transparent and compliant manner.

Posted in Legal Updates | North America
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May 4, 2022

Video: NYC Pay Transparency Law, Florida Diversity Training, and Cal/OSHA’s COVID-19 ETS – Employment Law This Week

By Epstein Becker Green

As featured in #WorkforceWednesday:  This week, we’re breaking down recent local- and state-level developments impacting compliance for employers.

Posted in Legal Updates | North America
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May 4, 2022

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

By Kriton Metaxopoulos of A. & K. Metaxopoulos and Partners Law Firm

Introduction

GEA is the Common Collecting Society of GRAMMO (Collecting Society of Music Producers), ERATO (collecting Society of Performers), and APOLLON (Collecting Society of Musicians). It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers.

Since its establishment, GEA has claimed to be entitled to collect the above equitable remuneration not only for its members (ie, rights holders represented by it) but also on behalf of producers, performers, and musicians who are not represented by it on the basis of a contract or relevant mandate.

Posted in ILN IP Insider
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ILN Today Post
May 4, 2022

U.S. Trade Representative Initiates Four-Year Review of Section 301 Tariffs

By Lindsay Griffiths of Torres Trade Law

On May 3, 2022, the U.S. Trade Representative (“USTR”) announced a statutory two-phase review of the Section 301 tariffs on Chinese-origin goods. USTR also published a Federal Register Notice draft describing the process for filing requests for extension of the tariffs.

Posted in Legal Updates | North America
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ILN Today Post
May 4, 2022

START THE NEW TAX YEAR WITH BETTER DEBT RECOVERY PROCESSES

By Lindsay Griffiths of Miller Samuel Hill Brown

The new tax year began on 6th April 2022, and while you may not have made any ‘new year, new you’ promises, perhaps it could be time to sort out your business finances. It can be easy to let things slip – a late invoice, a missed payment and even an unpaying customer or client. However, when all of these add up, it can have a catastrophic effect on your cash flow and the longevity of your business. We look at simple steps you can take to improve your debt recovery processes. Read more…

Posted in Legal Updates | UK
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May 3, 2022

Time’s Up: Electronic Monitoring Notice Requirements for New York Employers Take Effect This Week

By Susan Gross Sholinsky of Epstein Becker & Green

New York employers that monitor or otherwise intercept their employees’ electronic usage, access, or communication using any electronic devices or systems need to make sure they are following a state law enacted last year, which takes effect very soon. By Saturday, May 7, as explained in full detail here, all employers must comply with posting and notice mandates of the state’s new electronic monitoring law that requires prior disclosure to their employees of such monitoring, tracking, or intercepting of employee electronic communications or telephone conversations, such as monitoring of email, telephones, or internet access. New hires must receive and acknowledge written or electronic notification of any covered employer practices. Employers must also post a notice at New York worksites in a conspicuous place that is readily available for viewing by employees subject to the law. Failure to comply could subject an employer to civil penalties starting at $500 and as high as $3,000 per violation.

Posted in Legal Updates | North America
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May 3, 2022

Unpacking Averages: Device Inspection Citations That Frequently Precede Warning Letters

By Bradley Merrill Thompson of Epstein Becker & Green

Overview

In this month’s post, in the medical device realm I explore what kinds of inspection citations most often precede a warning letter.  In this exercise, I do not try to prove causation.  I am simply exploring correlation.  But with that caveat in mind, I think it’s still informative to see what types of inspectional citations, in a high percentage of cases, will precede a warning letter.  And, as I’ve said before, joining two different data sets – in this case inspectional data with warning letter data – might just reveal new insights.

Posted in Legal Updates | North America
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May 3, 2022

DOJ Announces Enforcement Action Involving “Largest and Most Wide-Ranging” COVID-19 Fraud Detected to Date

By George B. Breen of Epstein Becker & Green

On April 20, 2022, the Department of Justice (DOJ) announced a nationwide coordinated enforcement action targeting COVID-19-related fraud involving charges against 21 individuals across nine federal districts, and over $149 million in alleged false claims submitted to federal programs.[1]

This marks the first significant DOJ enforcement action since Attorney General Merrick Garland named Associate Deputy Attorney General Kevin Chambers as the Director for COVID-19 Fraud Enforcement on March 10, an appointment President Biden previewed in his State of the Union address on March 1.

Posted in Legal Updates | North America
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May 2, 2022

Achat local et commerce employant un élu

By FSP of Robinson Sheppard Shapiro

This text is only available in French.

En février dernier, la Commission municipale du Québec a rendu une décision concernant des manquements déontologiques reprochés à une conseillère municipale qui est aussi directrice de la seule quincaillerie implantée sur le territoire de la Ville: (Re) Demande d’enquête en éthique et déontologie concernant l’élue Cindy Vignola, 2022 CanLII 17822 (QC CMNQ).

Posted in Legal Updates | North America
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May 2, 2022

Quebec Liability Insurance Duty to Defend Update

By FSP of Robinson Sheppard Shapiro

After missing the net on his first attempt, the Minister of Finance has scored a goal with his second effort at drafting regulations identifying liability insurance contracts that are exempt from Quebec’s public order “defense in addition to limits” requirement.

Overview

On May 5, 2022, a revised, long-overdue regulation [Regulation][1] will come into force that exempts certain categories of Quebec liability insurance contracts issued to designated classes of insureds from the Civil Code of Quebec’s [CCQ] public order requirement that the liability insurer is responsible for defence costs in addition to the insurance policy’s indemnity limits. As discussed in our September 10, 2021 bulletin, public order article 2500 CCQ mandates that a liability insurance policy’s limits must be used solely to pay the claims of injured third-parties (i.e. the claimants). Public order article 2503 CCQ mandates that a) the liability insurer must actively take up the defense of the insured in respect of covered claims, and b) the liability insurer must pay defence expense, interest and third-party costs in addition to policy limits.

Posted in Legal Updates | North America
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