Thought Leadership - Manatt, Phelps & Phillips, LLP

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.

Carbon Capture and Sequestration – “Essential,” But Too Little, Too Late?

Manatt Land Use Partner David Smith wrote an article for Energy Law Journal about the efforts to adopt carbon dioxide removal strategies and the necessity of enacting them to combat climate change and accomplish Paris Agreement objectives.@Carbon dioxide removal (CDR) consists of methods such as carbon capture and sequestration, direct air capture, and @net-zero@ emissions aimed at reducing the...

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.

Mandatory Climate Emissions Disclosures: California Lawmakers Press On While SEC May Be Backing Off

Mandatory disclosure of greenhouse gas emissions by business operators is coming, one way or another. California legislators continue to press for a change in law that would require disclosures for large businesses that do business 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.

NYS Governor Hochul Delivers 2023 State of the State Address

On January 10, 2023, Governor Kathy Hochul delivered her second State of the State address, outlining her policy and fiscal agenda for the upcoming year.

California’s Independent Legislative Analyst’s Office Criticizes State’s New Climate Plan

The California Legislative Analyst’s Office criticized the California Air Resources Board’s recent and most sweeping revision of its Scoping Plan to achieve legislatively mandated greenhouse gas reductions.