New York

On June 12, the New York legislature passed the Responsible AI Safety & Education (“RAISE”) Act (S 6953), a frontier model public safety bill that would establish safeguard, reporting, disclosure, and other requirements for large developers of frontier AI models.  If signed into law by Governor Kathy Hochul (D), the RAISE Act would

Continue Reading New York Legislature Passes Sweeping AI Safety Legislation

Many employers and employment agencies have turned to artificial intelligence (“AI”) tools to assist them in making better and faster employment decisions, including in the hiring and promotion processes.  The use of AI for these purposes has been scrutinized and will now be regulated in New York City.  The New York City Department of Consumer

Continue Reading Artificial Intelligence & NYC Employers: New York City Seeks Publication of Proposed Rules That Would Regulate the Use of AI Tools in the Employment Context

New York’s highest court on March 28 upheld a New York law subjecting out-of-state internet retailers to New York sales tax collection requirements on the basis of their “affiliate” advertising programs.  Although the U.S. Supreme Court has held that a state cannot constitutionally require a retailer to collect sales taxes unless the retailer has a “physical presence” in the state, the New York Court of Appeals “deemed” that affiliate advertising on third-party New York residents’ websites “[e]ssentially . . . established an in-state sales force.”  But the court’s holding — which oddly appears to draw a constitutional line between flat-fee and commission-based advertising arrangements — is difficult to square with both Supreme Court doctrine and the realities of the online “affiliate” relationship.  In the end, the Supreme Court or Congress may have the final word on this issue.
Continue Reading New York Court of Appeals Holds that States May Constitutionally Collect Sales Taxes from Out-of-State Internet Retailers If Those Retailers Pay Commissions to In-State Websites