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Artificial intelligence (AI) is a key emerging technology that is poised to see vastly expanded use in many areas in which white-collar criminal practitioners work. AI currently is playing a growing role in helping white-collar lawyers and their clients analyze vast amounts of data to uncover insights, connections, and patterns that would be impossible to detect through manual reviews. As AI begins playing a more important role in compliance, fraud detection, and governmental investigations, regulators in the United States and around the world are adopting rules for how AI is implemented. Courts also are weighing in on the use of AI in litigation where it is used to analyze large amounts of electronically stored information (ESI). This article provides an introduction to AI technology and discusses the key regulatory developments practitioners should be aware of as they advise their clients on AI.
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Decoding DOJ’s New ‘Justice AI’ Initiative
By James D. Gatta, Allan J. Medina and Ian Q. Rogers
The DOJ is likely to face many practical challenges and novel issues as it begins coding its own algorithm for AI-related enforcement. This article briefly examines three areas of AI-related enforcement where such practical challenges and novel issues may arise.
The FTC and DOJ’s New Guidelines Promise Sharper Scrutiny of Mergers
By Karen Hoffman Lent and Kenneth Schwartz
From loosened structural presumptions to unconventional theories of harm such as “ecosystem competition” to consideration of a merger’s effects on outside markets, we review some of the most noteworthy changes in the new Guidelines.
Supreme Court Set to Decide On Competing Interpretations of Federal Corruption Statute
By Elkan Abramowitz and Jonathan Sack
In this article, we describe the competing interpretations of Section 666 and comment on the implications of a Supreme Court decision in United States v. Snyder, where it will decide whether the law criminalizes “gratuities,” and not simply “bribes,” given to state and local officials.
The Role of the SEC In Cryptocurrency Regulation and Enforcement
By Jay Dubow, Joanna Cline and Milica Krnjaja
The SEC's cryptocurrency-related actions reached a new high in 2023, jumping more than 50% when compared to 2022. We expect the SEC’s enforcement efforts in this area to continue at a high pace in 2024, even though whether or not cryptocurrency should be classified as a security or something else remains uncertain.