Newsletters

03.03.24

February 29, 2024: The “Rarest Day of the Year”

Rare Disease Day took place on February 29, 2024. Created in 2008, Rare Disease Day is observed on the “rarest day of the year”—February 29 in leap years (February 28 in non-leap years)—as a way to galvanize the global rare disease community around the goal of achieving ...


02.28.24

AI Gone Wild: Airline Has to Honor a Refund Policy Its Chatbot Fabricated

In a recent case brought in front of the Civil Resolution Tribunal (“CRT”) of British Columbia, Moffatt v. Air Canada, 2024 BCCRT 149, the CRT found in favor of an airline customer who relied on information about an airline’s refund policy provided by a chatbot after the customer ...


02.27.24

The FDA and the Future of AI Oversight

In January 2024, the U.S. Government Accountability Office (GAO) issued a report highlighting current obstacles to the U.S. Food and Drug Administration’s (FDA) timely and effective regulation of artificial intelligence (AI) and machine learning (ML) in medical devices and other emerging ...


02.22.24

CMS Weighs in on the Use of Algorithms and Artificial Intelligence in Coverage Determinations

Apparently in light of recent litigation against Medicare Advantage (MA) plans, on February 6, 2024, CMS published responses to frequently asked questions (FAQs) regarding the use of algorithms and artificial intelligence in coverage determinations. 


02.20.24

AI Implemented Invention Tips Following USPTO Guidance

The United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit have both previously held that an artificial intelligence (AI) system cannot be a sole inventor on a patent application since each inventor must be a human being.


01.30.24

Georgia Proposes a Bill to Regulate Physician and Insurer AI Use

The health care industry, like most industries, is exploring how to reap the benefits of increasingly powerful artificial intelligence-based technologies while managing the risks they pose.


01.18.24

AI as an Inventor? . . . Not so Fast

In December, the United Kingdom (the “U.K.”) became the third jurisdiction to reach a final determination that a generative AI platform could not be named as an inventor on a patent.


01.16.24

U.S. House Proposes ‘No AI FRAUD Act’ to Protect Individuals’ Likenesses and Voices

On Wednesday, January 10, 2024, lawmakers in the House of Representatives announced the introduction of a new discussion draft of a bill called the No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act (No AI FRAUD Act).


01.10.24

New York Announces Two Major Artificial Intelligence Initiatives

On January 8, 2024, New York Governor Kathy Hochul and the New York Office of Information Technology Services (NY ITS) announced two major initiatives on artificial intelligence (AI) that will impact private and public organizations in New York and beyond.


12.21.23

FTC Bans Rite Aid From Using AI Facial Recognition Due to Falsely Tagging Consumers as Shoplifters

In a complaint filed in federal court, the Federal Trade Commission (FTC or Commission) has alleged that Rite Aid used facial recognition technology in its stores without taking reasonable steps to prevent harm to consumers who were falsely accused by employees of shoplifting or other criminal ...