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In a 2-1 split, the United States Court of Appeals for the Ninth Circuit revived securities fraud claims under Section 10(b) and Rule 10b-5 against chip maker NVIDIA and its CEO, Jensen Huang – claims previously dismissed by the Northern District of California….By: Carrington Coleman

Delaware Supreme Court Rejects No-Injury Medical Monitoring Claims – As part of our ongoing coverage of issues in Medical Monitoring, we noted that the Delaware Supreme Court received a certified question from the U.S. Court of Appeals for the Third Circuit about whether no-injury medical monitoring was a viable claim under Delaware law……By: Dechert LLP

On September 19, the Consumer Financial Protection Bureau (CFPB) issued Circular 2023-03, which provides guidance as to how lenders must explain denials of applications of credit when the underwriting is based on artificial intelligence (AI) or complex credit models. The upshot of the guidance is that a lender that denies an application for credit based…

The accelerating advances in artificial intelligence (“AI”) and the practical, legal, and policy issues AI creates have exponentially increased the federal government’s interest in AI and its implications. In these weekly reports, we hope to keep our clients and friends abreast of that Washington-focused set of potential legislative, executive, and regulatory activities….By: Mintz – Antitrust…

In a last minute push before an anticipated government shutdown, FDA put down its marker for moving forward toward regulation of lab developed tests (“LDTs”). Unlike past proposals from FDA and Capitol Hill, FDA has taken a simple approach: laboratories that make LDTs for clinical use are manufacturing in vitro diagnostic medical devices (“IVDs”) for…

On September 29, 2023, Cornerstone Home Lending filed a notice of data breach with the Attorney General of Texas after discovering that information provided to the company by consumers was subject to unauthorized access. In this notice, Cornerstone explains that the incident resulted in an unauthorized party being able to access consumers’ sensitive information, which…