Thought Leadership - Manatt, Phelps & Phillips, LLP

FCC Proposes Revocation Rules

The Federal Communications Commission (FCC) has published a new Notice of Proposed Rulemaking (NPRM) focused on the issue of revocation, seeking “to clarify and strengthen consumers’ ability to revoke consent to receive both robocalls and robotexts,” as well as “callers’ obligations under the Commission’s rules to honor such requests in a timely manner.”

National Advertising Review Board Recommends That JBS Discontinue Net Zero Claims

The National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, has recommended that JBS USA Holdings, Inc., discontinue claims regarding its goal of achieving net zero emissions by 2040.

EEOC Takes On Title VII and AI

Adding to the growing commentary on artificial intelligence (AI) in the employment context, the Equal Employment Opportunity Commission (EEOC) recently issued a technical assistance document.

Regulation of AI Systems is Already Here – Look to Data Protection Laws

As the scramble continues to reckon with the rapid advancement of generative artificial intelligence models like ChatGPT, Bard, DALL-E, and Midjourney, and the promise of other AI and machine learning systems (for simplicity, “AI systems”) to come, legal and business professionals across industries are asking whether these systems will be regulated, and if so, how.

AI Has Captured the Attention of the U.S. Public—and Federal Enforcers

Four federal agencies issued a unique Joint Statement this week on enforcement priorities related to “automated systems,” including artificial intelligence.

Berkeley’s Natural Gas Ban in New Housing and Businesses Not Allowed, Says Ninth Circuit

Local or state regulations seeking to decarbonize new buildings by banning natural gas appliances or infrastructure are preempted under federal law according to the Ninth Circuit Court of Appeals.

Climate Disclosure Mandates: California Lawmakers Press Forward Ahead of Forthcoming Federal Rule

Two proposed climate-related disclosure mandate laws moved closer to becoming law in California.

Kraken Crypto Staking Program for U.S. Investors Shut Down in Aggressive Expansion of the Howey Test

Payward Ventures, Inc., d/b/a Kraken, the cryptocurrency exchange, has entered into a $30 million settlement agreement with the U.S. Securities and Exchange Commission (SEC) over allegations the company failed to register its cryptocurrency staking program, in violation of U.S. securities laws.

FTC Signals New Era of Enforcement with $1.5 Million Penalty for Unauthorized Sharing of Health Data

The Federal Trade Commission announced yesterday that it has brought its first-ever enforcement action under its Health Breach Notification Rule, against digital health platform GoodRx Holdings, Inc.

Governor Newsom Proposes FY 2023–24 Budget

Yesterday, Governor Gavin Newsom unveiled his fifth January budget proposal, which would authorize $223.6 billion in general fund spending, a 3.6% decrease from current-year spending.