From AI to Z: Navigating the Nuances of the Ongoing AI Debate and the FTC’s Investigation into OpenAI

From generating basic JavaScript code to creating a 7-day European trip itinerary, ChatGPT and other artificial intelligence (“AI”) programs are a one-stop shop for many internet users. Businesses from a wide array of industries have tapped into the countless uses of AI, revolutionizing the workforce as we know it. (Serenity Gibbons et al., Forbes). Within two months of ChatGPT’s November 2022 launch, it became the “fastest-growing consumer application in history.” (Krystal Hu, Reuters). The impressive growth of AI has fueled concerns over this ever-changing technology – including data privacy and the spread of misinformation.  (David Grier, IEEE Computer Society). In response to these concerns, the Federal Trade Commission (“FTC”) is investigating OpenAI, the maker of ChatGPT, as to whether OpenAI violates consumer protection laws. (Cat Zakrzewski, Washington Post). The FTC investigation highlights the need for effective AI regulation and has sparked a nationwide discussion amongst lawmakers, employers, employees, AI companies, and other stakeholders involved in this AI arms race. (Andrew Chow et al., TIME).  

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Sink or Swim: Last Shot at Saving America’s Oldest Craft Brewer Could Be an Employee Buyout

San Francisco’s Anchor Brewing Company (“Anchor”, “Anchor Brewing”), the oldest craft brewer in the United States, has withstood many hardships, and until now, has been a survivor. (Ansari and Otis, The Wall Street Journal). Over the past 127 years, the brewery has survived catastrophic earthquakes, the national prohibition of alcohol, two world wars, and competition from mass-produced beers. (Albeck-Ripka, The New York Times; Anchor Brewing). Despite a history of resilience, Anchor Brewing recently announced ‘last call’ on July 12, 2023. Due to its inability to recover from the consequences of the pandemic and the failure on its parent company, Japan’s Sapporo, to profitably run the craft brewer, Anchor Brewing Company has been forced to close its doors. (Albeck-Ripka, The New York Times).

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Signature Bank Failed. Are More U.S. Banks Next?

On Friday, March 10, 2023, Signature Bank lost 20% of its deposits. (Vivian Giang & Mike Dang, The New York Times; Max Reyes, Bloomberg). Two days later, on Sunday, March 12, 2023, Signature Bank failed and went into receivership. (Vivian Giang & Mike Dang, The New York Times). Signature Bank’s failure was unexpected, so much so that it’s only the second time in over a decade that the Federal Deposit Insurance Corporation (“FDIC”) created a bridge bank in response to a bank failure. (Federal Deposit Insurance Corporation). How and why did Signature Bank fail so quickly? Are more U.S. Banks next? These answers and more, but first, it’s helpful to understand what happens immediately after a bank fails.

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The Cost of a Penny: SEC Using Analytics to Levy Fines Against Earnings Manipulation

A public company’s earnings per share (“EPS”) is one of the most used metrics for determining its profitability. (Jason Fernando, Investopedia). EPS is a formula that calculates a company’s profit by dividing its net income by its outstanding shares of stock. Id. A company’s goal is to meet or exceed its consensus EPS estimate, as this demonstrates a successful quarter and shows investors a reliable stock…

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Delayed Rules on Conflict of Interest Bound to Face More Conflict

Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) as a direct response to the 2008 Financial Crisis when millions of Americans lost homes due to foreclosure. (SEC). Among myriad findings, a final report on the 2008 Financial Crisis stated that investment transactions with conflicts of interest contributed to the crisis. (Financial Crisis Inquiry Commission). For example, the commission found that financial firms marketed an investment and profited off that investment product’s decline…

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New Pay for Performance Rule: The SEC Misses the Mark, Yet Again

After spending seven years as a proposal in limbo, the Securities and Exchange Commission ("SEC") adopted a "Pay Versus Performance" rule in August of 2022, finally meeting the statutory mandate set forth in the Dodd-Frank Act. (Candance Quinn, et. al., Bloomberg Law). As the rule’s name implies, SEC registrants must now disclose the interplay between their executive compensation actually paid and the company's financial performance. (PricewaterhouseCoopers). An additional requirement under the new rule has drawn scrutiny as it opens the door for Environmental Social Governance ("ESG") disclosures to be made…

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