Innovation has historically been driven by companies in regulated industries—e.g., financial services and health care—and some of the most intriguing use cases for generative AI systems will likely transform these industries. At the same time, regulatory scrutiny could significantly hamper AI adoption, despite the current absence of explicit regulations against…
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Earning Your Trust: The Need for “Explainability” in AI Systems
AI systems seem like an exciting, effective new tool. But, as we have seen with Google’s recent struggles with accuracy, and Microsoft’s trouble with sentient, unhinged chat bots, not all of the kinks have been worked out with these tools. In our last post, we discussed the legal risks, and…
The Legal Risks of AI Systems in Technology Services
In our previous post, we provided an introduction to the budding new technology of generative AI, or AI systems. As with the implementation of any new technology, widespread understanding of the risks generally lags behind the speed of the technology itself. When the technology industry began its push “to the…
Artificial Intelligence Systems and Risks in Commercial Contracting
Though the use of artificial intelligence has grown steadily during the past decade, the recent release of OpenAI’s generative AI system, ChatGPT, has led to a precipitous increase in attention and publicity accompanying the rise of powerful generative AI systems. With these generative AI systems come mounting issues and concerns…
U.S. Department of the Treasury Confronts the Risks to the Financial Sector Associated with Cloud Computing
On February 8, 2023, the U.S. Department of the Treasury released a report citing its “findings on the current state of cloud adoption in the sector, including potential benefits and challenges associated with increased adoption.” Treasury acknowledged that cloud adoption is an “important component” of a financial institution’s overall technology…
CFPB Proposed Rule Puts Non-Bank Consumer Contract Clauses Under Heightened Scrutiny
The Consumer Financial Protection Bureau (CFPB), the primary federal regulator charged with enforcing consumer financial protection laws, recently announced a proposed rulemaking that would require the myriad non-banks subject to CFPB authority to disclose various consumer contract provisions that the CFPB deems potentially harmful on a public registry. These provisions…
Enforceability of penalties for late delivery in the UK: UK Supreme Court confirms the law of liquidated damages
For some time the position under English law relating to the recovery of liquidated damages from a contractor as penalty for late delivery has been unclear where the contract terminates before the contractor completes the work. Welcome clarity has now been provided by the Supreme Court in the case of…
UK Financial Regulators to Oversee Critical Third Parties
In UK Financial Regulators to Oversee Critical Third Parties, our colleagues Lee Rubin and Mark Booth discuss the proposed new regime that will grant UK federal regulators a range of powers over third parties that provide critical services to the financial sector.
Regulators Increase Scrutiny of Algorithms Underlying Decision-Making
In “Regulators Zero In on AI,” colleagues Brian H. Montgomery, Andrew L. Caplan and Rachel G. Newell examine the increased focus of financial services regulators on how businesses use artificial intelligence (AI) and machine learning (ML) in underwriting and pricing consumer finance products.
Head in the Clouds: Optimizing Your Multicloud Strategy
Modern cloud computing only came into existence about 20 years ago, but now virtually all enterprises (99%) are using cloud services. Cloud adoption accelerated further in the last two years because of the COVID pandemic as a result of an increase in remote work, the evolution of online business strategies…