McDermott Will & Emery (United States)

Data protection is notoriously complex and artificial intelligence (AI) has only added to that complexity. In addition, many organisations are floundering as they seek to adopt AI in an ethical and trustworthy manner. This paper addresses skill sets and frameworks familiar to IT and cyber security professionals that can be leveraged to help build a robust approach to AI governance. Adopting the maxim of ‘govern once/comply many’, the paper compares and contrasts existing cyber security frameworks and approaches that address the governance concerns that arise with AI. It also uses the National Institute of Standards and Technology (NIST) Artificial Intelligence Risk Management Framework as a lens through which to assess the utility of cyber security frameworks to inform AI governance efforts. Generally, the map, measure, manage and govern functions of the NIST Artificial Intelligence Risk Management framework align well with the confidentiality, integrity, and availability foci of established cyber security frameworks, forming the beginnings of a common language, when it comes to issues of data protection and AI governance. This article is also included in The Business & Management Collection which can be accessed at https://hstalks.com/business/.

Compliance with wage and hour laws within the USA is an evolving legal landscape and requires familiarity with many different statutes and regulations at both the federal, state, and local level along with court decisions that interpret the laws. The focus of this chapter is those issues that are frequently litigated and can be addressed using systematic methods from industrial/organizational (I/O) psychology or related disciplines. This chapter provides an overview of the FLSA and its associated regulations along with state and local laws that contain additional wage and hour obligations. The legal framework for several specific wage and hour disputes are provided, including FLSA exemptions, independent contractor classification, off the clock work, and meal and rest break compliance. Because many wage and hour lawsuits are brought as class or collective actions, an overview of the class certification process is also provided. The chapter concludes with a description of litigation trends in wage and hour litigation. This chapter provides the legal background of each of the issues discussed in later chapters.

The doctrine of informed consent severely limits the ability of medical researchers to develop, evaluate, and refine investigational technologies for the treatment of patients suffering from heart attacks, strokes, and other "critical care" conditions. In this Article, Mr. Saver examines the current doctrine of informed consent as applied to critical care research and its various deficiencies. In addition, he analyzes recent reforms proposed by the Food and Drug Administration, which are intended to remove certain obstacles to critical care research posed by informed consent. While the proposed reforms address several of the current deficiencies, he asserts that they lack the breadth and scope necessary to advance the progress of critical care research in an ethical and sensible manner. Mr. Saver proposes several complementary and alternative reforms that would better accomodate the interests of all affected parties: the patients, their families, the researchers, and the general public.

US trade controls, including export controls and trade sanctions, impose complex and ever-changing requirements and restrictions on transactions and transfers of goods, technology, software, and services.

The state of physician recruitment changed after the Internal Revenue Service required Hermann Hospital to publish its closing agreement with the IRS. The closing agreement released the long-awaited IRS "Hospital Physician Recruitment Guidelines." The IRS' recently proposed revenue ruling provides additional insight on acceptable physician recruitment practices as well.

Communication between engineers and lawyers can be less than ideal, but improving it has far-reaching benefits and can help companies avoid risk. The Web extra at http://youtu.be/d5KB-Qwv4t4 is an audio recording from the Computing and the Law column, in which the authors discuss how to improve interactions between company engineers and lawyers, as well as the positive impact this can have on the company's bottom line.

Although US patent protection ends at the border, knowing the key factors to consider for non-US patents can help inventors extend the scope of protection. The Web extra at http://youtu.be/B6PIyXcs7H8 is an audio recording of the Computing and the Law column, in which the authors discuss how knowing the key factors to consider for non-US patents can help inventors extend the scope of protection.

Recently, the IRS announced that it would cease contesting timely filed refund claims for taxable quarters before April 1, 2005, although the details that apply to its processing of those claims were not available as this article went to press. The IRS will continue to contest refund claims filed for taxable quarters after March 31, 2005, so those claims will have to be litigated to a conclusion. Financial officials at teaching hospitals should consult with advisers who are knowledgeable about the litigation against, and the settlement practices of, the Department of Justice.