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Regulatory and enforcement agencies in the US are increasingly taking a closer look at AI and its potential for bias and other harms, but a new Baker McKenzie study has found many in the C-Suite are overconfident in assessing AI threats. Meanwhile, critical blind spots exist in HR and hiring tools oversight. Examine three key challenges and how to address them.

Cybersecurity threats and risks are increasing each day and companies are extremely cognizant of the critical issues involved – from making sure that company data complies with vigorous and ever-changing regulations, to dealing with cyber threats, breaches and ransomware attacks. In the Future of Disputes virtual program, former Manhattan District Attorney and Global Chair of Baker McKenzie’s Cybersecurity Practice, Cyrus Vance, Jr. led a discussion with Baker McKenzie practitioners in North America discussing the life cycle of a cyber-attack, including cyber insurance, privacy notification obligations, investigations, and post-event litigation.

The IRS did not follow notice-and-comment procedures when it issued Notice 2007-83. A theme underlying a number of court decisions since the Supreme Court’s decision in Mayo Foundation is that the Administrative Procedure Act does apply to the IRS – just like it applies to every other administrative agency. The IRS appears to be slowly coming to recognize this reality, but for many, many years, the agency acted as if the APA did not apply to its actions. The Sixth Circuit’s recent decision in Mann Construction, Inc. v. United States illustrates the importance of the IRS’ prior failures in this regard, in this case in the context of listed transactions.

In this article published in The Review of Securities & Commodities Regulation, Thomas Firestone and Terence Gilroy provide an overview of the elements of criminal money laundering under US law and consider when a person is deemed to have knowledge that a transaction involves the proceeds of crime. They then suggest criteria to apply in determining whether assets remain tainted as the connection with criminal activity becomes more attenuated.

With the accelerated number of M&A deals currently being made and projected to continue, digital transformation is driving an increase in interest in AI targets for acquisition. In this episode of Eye on AI, Lisa Fontenot and Teisha Johnson join moderator Bradford Newman to discuss key issues and value drivers to consider in AI transactions, as well as considerations with regard to antitrust or foreign investment approvals that may be needed when making an AI related investments.