In a new post on the Inside Class Actions blog, we summarize the UK Supreme Court’s recent judgment on litigation funding agreements, which could potentially have significant impact on collective proceedings and other funded cases in the UK. To read the post, please click here.
Section 337 Developments at the U.S. International Trade Commission
Practice and Procedure
The ITC’s Recent Sua Sponte Use of 100-Day Expedited Adjudication Procedure
Over the last few years, the International Trade Commission (“ITC” or “Commission”) has developed procedural mechanisms geared toward identifying potentially dispositive issues for early disposition in its investigations. These procedures are meant to give respondents an opportunity to litigate a dispositive issue before committing the resources necessary to litigate an entire Section 337 investigation.
In 2018, the ITC adopted 19 C.F.R. § 210.10(b)(3), which provides that “[t]he Commission may order the administrative law judge to issue an initial determination within 100 days of institution . . . ruling on a potentially dispositive issue as set forth in the notice of investigation.” Although the ITC denies the majority of requests by respondents to use this procedural mechanism, the ITC has ordered its ALJs to use this program in a handful of investigations to decide, among other things, whether the asserted patents claim patent-eligible subject matter, whether a complainant has standing to sue, whether a complainant can prove economic domestic industry, and whether claim or issue preclusion applies.
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AI Update: Provisions in the National Defense Authorization Act Signal the Importance of AI to American Competitiveness
The newly enacted National Defense Authorization Act (“NDAA”) contains important provisions regarding the development and deployment of artificial intelligence (“AI”) and machine learning technologies, many of which build upon previous legislation introduced in the 116th Congress. The most substantial federal U.S. legislation on AI to date, these provisions will have significant implications in the national security sector and beyond. The measures in the NDAA will coordinate a national strategy on research, development, and deployment of AI, guiding investment and aligning priorities for its use.
President Trump had vetoed the NDAA after its initial passage in December, but the $740 billion NDAA became law over the objection of President Trump’s veto with a rare New Year’s Day Senate vote, 81-13. The House voted to override President Trump’s veto on December 28, on a 322-87 vote.
This post highlights some of the key AI provisions included in the NDAA.
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AI Update: New Executive Order on Promoting the Use of Artificial Intelligence in Federal Agencies Pushes Developing Public Trust for Future Expansion
President Donald Trump signed an executive order (EO) on December 3, providing guidance for federal agency adoption of artificial intelligence (AI) for government decision-making in a manner that protects privacy and civil rights.
Emphasizing that ongoing adoption and acceptance of AI will depend significantly on public trust, the EO charges the Office of Management and Budget with charting a roadmap for policy guidance by May 2021 for how agencies should use AI technologies in all areas excluding national security and defense. The policy guidance should build upon and expand existent applicable policies addressing information technology design, development, and acquisition.
AI Update: Trump Administration Releases American Artificial Intelligence Initiative’s One Year Annual Report
In February 2020, the Trump Administration released the American Artificial Intelligence Initiative’s One Year Annual Report, detailing the Administration’s progress since launching its “American Artificial Intelligence Initiative” by signing Executive Order 13859 on February 11, 2019. The Administration’s Report highlights areas where it identifies progress in advancing the United States’ competitive position in fostering advancement in AI technology, including limiting new regulations, increasing funding and tracking of federal AI research and development, increasing access to federal data and computing resources, and promoting international collaboration.
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White House Hosts G7 Science and Technology Ministerial on COVID-19
On May 28, the White House Office of Science and Technology Policy (OSTP) hosted a meeting of the G7 Science & Technology (S&T) Ministers to collaborate on COVID-19 response and recovery. The G7 S&T Ministers emerged from the meeting with a declaration, in which they expressed their intent to:
- Enhance cooperation on shared COVID-19
Recent AI Developments in the Fight Against COVID-19
Artificial Intelligence (AI) has played an important role in battling COVID-19 since the initial outbreak: HealthMap – an AI tool from Boston Children’s Hospital that scans news reports, social media, and other data for signs of disease outbreaks – first sounded the international alarm after picking up reports of an emerging virus in Wuhan, China.
AI Update: 10 Steps to Creating Trustworthy AI Applications
Trustworthy AI has garnered attention from policymakers and other stakeholders around the globe. How can organizations operationalize trustworthy #AI for Covid-19 and other AI applications, as the legal landscape continues to evolve? Lee Tiedrich and Lala R. Qadir share ten steps in this article with Law360. For more information about AI, please see our “
IoT Update: NHTSA Continues to Ramp Up Exploration of Automated Driving Technologies
The wheels continue to turn with the National Highway Traffic Safety Administration’s (“NHTSA”) efforts to modernize vehicle safety standards, including for connected and automated vehicles (“CAVs”). Most recently, NHTSA issued a Notice of Proposed Rulemaking (“NPRM”), seeking public comment on its endeavors “to improve safety and update rules that no longer make sense” for certain CAVs, “such as requiring manual driving controls on autonomous vehicles.” According to NHTSA, the NPRM is a “[h]istoric first step for the agency to remove unnecessary barriers to motor vehicles equipped with automated driving systems” (“ADS”).
Comments on the NPRM are due by May 29, 2020.
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IoT Update: DOT Introduces Fourth Round of Automated Vehicles Guidance (AV 4.0)
This month, situated among foldable tablet computers and flying taxis, the U.S. Secretary of Transportation, Elaine Chao, unveiled at the Consumer Electronics Show (“CES”) the U.S. Department of Transportation’s (“DOT”) long-anticipated fourth round of automated vehicles guidance, “AV 4.0.” Formally entitled, “Ensuring American Leadership in Automated Vehicle Technologies,” AV 4.0 is less regulatory guidance and more regulatory aggregator. The document lists in great detail the various Administration efforts—across 38 federal departments and agencies—geared toward promoting, supporting, and providing accountability for users and communities with respect to autonomous mobility.
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