Earlier this year, we covered the dismissal of a putative class action asserting Video Privacy Protection Act (VPPA) claims against the operators of a Texas Longhorns email newsletter. A judge in the Western District of Texas has now dismissed those claims, along with a newly asserted Wiretap Act claim, with prejudice. See Brown v. Learfield
July 2024
Texas District Court Enjoins FTC’s Rule Banning Non-Compete Clauses
On July 3, 2024, Judge Ada Brown of the United States District Court for the Northern District of Texas granted the motions for a preliminary injunction—filed by Ryan LLC and several trade associations, including the U.S. Chamber of Commerce—to prevent the FTC’s rule banning non-compete clauses from going into effect, but the court’s order only…
FTC Reaches Settlement with NGL Labs Over Children’s Privacy & AI
On July 9, 2024, the FTC and California Attorney General settled a case against NGL Labs (“NGL”) and two of its co-founders. NGL Labs’ app, “NGL: ask me anything,” allows users to receive anonymous messages from their friends and social media followers. The complaint alleged violations of the FTC Act, the Restore Online Shoppers’ Confidence…
EU Artificial Intelligence Act Published
On 12 July 2024, EU lawmakers published the EU Artificial Intelligence Act (“AI Act”), a first-of-its-kind regulation aiming to harmonise rules on AI models and systems across the EU. The AI Act prohibits certain AI practices, and sets out regulations on “high-risk” AI systems, certain AI systems that pose transparency risks, and general-purpose AI (“GPAI”)…
U.S. Senate Passes SHIELD Act to Criminalize Distribution of Private Intimate Images Online
On July 10, 2024, the U.S. Senate passed the Stopping Harmful Image Exploitation and Limiting Distribution (“SHIELD”) Act, which would criminalize the distribution of private sexually explicit or nude images online.
Specifically, the legislation makes it unlawful to knowingly distribute a private intimate visual depiction of an individual that is obtained or created…
Federal Trade Commission asserts significant anticompetitive harms in Interim Staff Report on the pharmacy benefit manager industry
On July 9, 2024, the Federal Trade Commission (“FTC”) voted 4-1 (with Commissioner Melissa Holyoak dissenting) to release an Interim Staff Report (the “Interim Report”) entitled: Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing Main Street Pharmacies. The Interim Report describes what FTC staff has uncovered to date during a two-year…
Industry Groups and FCC File Briefs in Net Neutrality Case Following Loper Bright
Updated July 15, 2024. Originally posted July 11, 2024.
On July 8, 2024, the Federal Communications Commission (FCC) and a group of Internet Service Providers, represented by national and regional trade associations, filed supplemental briefs with the U.S. Court of Appeals for the Sixth Circuit in In re MCP NO. 185. On July 15, the…
Colorado and California Continue to Refine AI Legislation as Legislative Sessions Wane
With most state legislative sessions across the country adjourned or winding down without enacting significant artificial intelligence legislation, Colorado and California continue their steady drive to adopt comprehensive legislation regulating the development and deployment of AI systems.
Colorado
Although Colorado’s AI law (SB 205), which Governor Jared Polis (D) signed into law in…
Germany amends drug pricing and reimbursement laws with “Medical Research Act” – Drug pricing becomes intertwined with local clinical research expectations
Last week, on 4 July 2024, the German Parliament (Bundestag) has passed significant changes to the country’s drug pricing and reimbursement laws. Just six months after the German Federal Health Ministry (BMG) presented a first draft bill for a “Medical Research Act” (Medizinforschungsgesetz or MFG), the German Parliament has now accepted a modified version of…
FDA Announces Workshop on AI Used In Drug & Biological Product Development
FDA recently announced that it will host a public workshop on August 6, 2024 focused on “Artificial Intelligence (AI) in Drug & Biological Product Development.” Aimed at bringing drug sponsors and AI experts together, the workshop, hosted in collaboration with the Clinical Trials Transformation Initiative, will feature presentations and a panel discussion around guiding principles…