The U.S. Securities and Exchange Commission (“SEC”) has recently intensified its scrutiny of artificial intelligence (“AI”) fraud by targeting misleading claims about AI in the investment space. (SEC Press Release). This enforcement effort, focused on preventing a deceptive marketing tactic called “AI washing,” aligns with a broader regulatory trend focused on ensuring transparency in AI disclosures. Id. The SEC has pursued enforcement actions against public companies and investment advisers that exaggerate their AI capabilities or falsely claim to integrate AI into decision-making processes. (Kevin Friedmann, et. al., Norton Rose Fulbright). As AI technology becomes more prevalent in financial and corporate sectors, companies must navigate these regulations carefully to maintain compliance and investor confidence. This post examines the SEC’s enforcement actions, anticipates the agency’s future focus, and explores the implications for advisors and businesses that use AI.
Read MoreOn January 20, 2025, China sent shockwaves through the tech industry when it launched its very own artificial intelligence model—DeepSeek. (Ben Cohen, The Wall Street Journal). DeepSeek is an open-source AI model that its backers claim is more cost-effective than its rivals, including the U.S.’s OpenAI. (Forbes). According to reports, DeepSeek’s founder Liang Wenfreng developed the AI model with just $1.4 million in capital. (Ty Roush, Forbes). Meanwhile, DeepSeek’s largest rival, OpenAI, cost more than $100 million to develop, according to its CEO Sam Altman. (Katharina Buchholz, Forbes). The disparity between these figures and the drop in U.S. tech stocks has sparked fears among leading tech companies in the U.S. that Chinese outfits will soon overtake them. (Brian Cheung et al., NBC News). However, this article explores why the development of DeepSeek may very well be beneficial to America’s dominance in the AI realm, should U.S. tech companies be up for the challenge.
Read MoreThe Federal Trade Commission (“FTC” or the “Commission”) announced a final rule targeting buying and selling fake reviews and testimonials on August 14, 2024. (Mitchell J. Katz, FTC.gov). This final rule is the result of a two-year process initiated in 2022 with an advanced notice of proposed rulemaking followed by a notice of proposed rulemaking in June 2023, and finally an informal hearing on the proposed rulemaking in February of 2024. Id. The final rule was then announced on August 14, 2024, where the Commission outlined activities the rule will regulate, primarily the buying, selling, or fabricating of fake online reviews and testimonials. Id. Fake online reviews can pop up anytime something is sold or rated online, ranging from travel review sites to e-commerce businesses to paid influencer testimonials, and make up an estimated 16% to 40% of all online reviews. (Heidi Mitchell, Wall Street Journal). According to FTC Chair Lina Khan, the final rule is necessary because fake reviews “not only waste people’s time and money, but also pollute the marketplace and divert business away from honest competitors.” (Mitchell J. Katz, FTC.gov). Confusingly, however, in the FTC’s federal register notice of the final rule (a detailed document which accompanies all FTC rulemaking), the Commission stated that the buying and selling of fake reviews was already illegal under Section 5 of the FTC Act. (15 U.S.C. § 45; FTC, Final Register Notice). This begs the question, why was this new rulemaking necessary? This post examines why the Commission deems this rule necessary, what activities the final rule prohibits, and how it can be used to help consumers.
Read MoreConsumers and states are bringing lawsuits against social media conglomerate Meta, seeking billions in damages and substantial change to the company’s allegedly addictive technologies. (Naomi Nix, The Washington Post). Meta runs Instagram, Facebook, WhatsApp, and other popular technology platforms. (Meta.com). Despite the company’s commitment to “keeping people safe and making a positive impact,” many users and state governments believe Meta leverages addictive methods to encourage teen engagement on Instagram and Facebook. (Meta.com; Jonathan Stempel et al., Reuters). States and individuals are pushing for Meta to take accountability for its addictive algorithms and make changes to protect the mental health of its minor Instagram and Facebook users, which would likely affect company policies and Meta’s stakeholders. (Meta.com; Jonathan Stempel et al., Reuters). This post considers the social media policies giving rise to widespread claims against Meta, as well as the potential effects of such claims.
Read MoreStrikes have flooded the news headlines for the past years, as thirty-three significant strikes occurred in 2023, with an estimated 462,000 workers engaged in those strikes. (Chris Isidore, CNN). Boeing was unable to escape the strike fever in 2024, as workers demanded a 40% raise in wages and the reinstatement of pension benefits. (Niraj Chokshi, New York Times). Due to the massive impact the strike had on the company, Boeing and the International Association of Machinists and Aerospace Workers (the “Union”) announced a negotiated proposal (“Proposed Deal”) subject to voting on October 23rd, 2024. (IAM District 751). Ultimately, the Proposed Deal was rejected by a 64% vote. (IAM District 751). This article discusses the key elements of the Proposed Deal and how it sheds light on the greater narrative of Boeing’s fragile state of dwindling finances, reputation, and relationship with its workers.
Read MoreOn March 6, 2024, the U.S. Securities and Exchange Commission (“SEC”) passed a final rule requiring applicants to include climate-related disclosures within their registration statements and annual reports. (Deloitte). This rule includes initial public offerings (“IPOs”) and will go into effect for annual reports ending on December 31, 2025. Id. ESG reporting is a system that provides key information to stakeholders about business operations which relate to the “environmental, social and governance (ESG) areas of the business.” (Tom Krantz & Alexandra Jonker, IBM). This post discusses what ESG reporting is and why it is relevant, how companies have approached reporting on ESG matters, and the positives and negatives of ESG reporting.
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