The UK Government recently published its AI Governance and Regulation: Policy Statement (the “AI Statement”) setting out its proposed approach to regulating Artificial Intelligence (“AI”) in the UK. The AI Statement was published alongside the draft Data Protection and Digital Information Bill (see our blog post here for further details on the Bill) and is
August 2022
Special Category Data by Inference: CJEU significantly expands the scope of Article 9 GDPR
On August 1, 2022, the CJEU issued its ruling in Case 184/20 (OT v Vyriausioji tarnybinės etikos komisija) following a referral from the Lithuanian Regional Administrative Court. In this ruling, the CJEU elected to interpret the GDPR very broadly in a judgment that is likely to have a significant impact for organisations processing personal data.…
Eleventh Circuit Holds that All Class Members Must Have Standing Under Circuit Law to Recover Individual Damages
In Drazen v. Pinto, the Eleventh Circuit vacated a class settlement and held that in order to receive individual damages (whether through a settlement or otherwise), all class members must have Article III standing under Circuit precedent. 2022 WL 2963470, at *6 (11th Cir. July 27, 2022). The decision gives defendants another tool to defeat…
Significant Funding and Tax Credit Opportunities in the CHIPS and Science Act
On August 9, 2022, President Biden signed into law the CHIPS and Science Act—a massive, $280 billion bill to boost public and private sector investments in critical and emerging technologies.
We anticipate significant opportunities and an evolving regulatory landscape for companies, associations, universities, and others who work in various technology sectors, including:
- High performance computing,
…
Inside Privacy Audiocast: Episode 19 – New China Draft SCCs: How to Manage Your Cross-Border Data Transfers
On Episode 19 of Covington’s Inside Privacy Audiocast, Dan Cooper and and Yan Luo discuss the key provisions of China’s draft SCCs, compare the draft legislation with the GDPR, and talk through actions that companies should be considering in order to comply with the new cross-border data requirements.
This audiocast episode is repurposed from a…
Republicans Likely to Push for Decoupling from China
It was a Republican President who inaugurated America’s openness to China 50 years ago, but it is Republicans in Congress who seem poised to begin closing the door. With the likelihood of a Republican takeover of the House and possibly the Senate in November, American businesses should prepare for a raft of anti-China measures that…
ARTIFICIAL INTELLIGENCE AND ALGORITHMS IN THE NEXT CONGRESS
Policymakers and candidates of both parties have increased their focus on how technology is changing society, including by blaming platforms and other participants in the tech ecosystem for a range of social ills even while recognizing them as significant contributors to U.S. economic success globally. Republicans and Democrats have significant interparty—and intraparty—differences in the form…
Ireland to screen non-European foreign investments
The Department of Enterprise Trade and Employment has published a draft new law to protect Irish critical technology and infrastructure from potentially harmful non-European foreign investment. The Screening of Third Country Transactions Bill 2022 legislatesto curb so-called “third country” (meaning non-European Union/non-European Economic Area countries) hostile actors using ownership of, or influence over businesses and…
Eleventh Circuit Confirms Circuit Split Over Class Representative Incentive Awards
The en banc Eleventh Circuit recently denied a petition to rehear the case of Johnson v. NPAS Solutions, LLC (Johnson II). See 2022 WL 3083717 (11th Cir. Aug. 3, 2022). The initial opinion in Johnson relied on two Supreme Court decisions from the 1880s to hold that district courts can never, under any circumstances, approve…
FERC Proposes Major Changes to Generator Interconnection Process
The Federal Energy Regulatory Commission (FERC) recently issued a Notice of Proposed Rulemaking (NOPR) to reform its generator interconnection process. The proposed rules are intended to expedite the connection of new generator and storage facilities to the grid, and to clear out a burgeoning interconnection backlog, predominantly of renewable and storage resources.
This…