The Justice Insiders: Giving Outsiders an Insider Perspective on Government

AI-Washing: Everything Old Is New Again

Episode Summary

Host Gregg N. Sofer welcomes Husch Blackwell attorney Rebecca Furdek back to the show to discuss recent government inquiries and enforcement actions concerning products and services related to artificial intelligence (AI). Gregg and Rebecca explore a few recent high-profile government investigations into so-called AI-washing and discuss the implications for businesses that are integrating AI into their workflows and product/service offerings. The discussion also covers how, in lieu of comprehensive federal legislation, agencies are using their existing powers to regulate AI. Finally, Gregg and Rebecca talk about some of the practical steps compliance departments can take to manage risks while seizing opportunities presented by AI.

Episode Notes

Host Gregg N. Sofer welcomes Husch Blackwell attorney Rebecca Furdek back to the show to discuss recent government inquiries and enforcement actions concerning products and services related to artificial intelligence (AI). Gregg and Rebecca explore a few recent high-profile government investigations into so-called AI-washing and discuss the implications for businesses that are integrating AI into their workflows and product/service offerings. The discussion also covers how, in lieu of comprehensive federal legislation, agencies are using their existing powers to regulate AI. Finally, Gregg and Rebecca talk about some of the practical steps compliance departments can take to manage risks while seizing opportunities presented by AI.

Gregg N. Sofer Biography

Full Biography

Gregg counsels businesses and individuals in connection with a range of criminal, civil and regulatory matters, including government investigations, internal investigations, litigation, export control, sanctions, and regulatory compliance. Prior to entering private practice, Gregg served as the United States Attorney for the Western District of Texas—one of the largest and busiest United States Attorney’s Offices in the country—where he supervised more than 300 employees handling a diverse caseload, including matters involving complex white-collar crime, government contract fraud, national security, cyber-crimes, public corruption, money laundering, export violations, trade secrets, tax, large-scale drug and human trafficking, immigration, child exploitation and violent crime.

Rebecca Furdek Biography

Full Biography

A senior associate in Husch Blackwell’s Milwaukee office, Rebecca is a member of the firm’s White Collar, Internal Investigations & Compliance team and regularly helps clients navigate today’s regulatory and government enforcement landscape. Before joining Husch, Rebecca served as Counsel to the Solicitor at the U.S. Department of Labor (DOL), where she gained firsthand insight into federal agency rulemaking and administrative enforcement. Prior to her government service, Rebecca worked as an associate in the Washington, D.C. office of a global law firm, focusing on litigation and government enforcement, and began her legal career as a judicial law clerk at the U.S. District Court for the Northern District of Texas. During law school, she served as a law clerk with the U.S. Senate Judiciary Committee.

Additional Resources

Richard Vanderford, “SEC Head Warns Against ‘AI Washing,’ the High-Tech Version of ‘Greenwashing’” Wall Street Journal, December 5, 2023

Michael Martinich-Sauter and Rebecca Furdek, “When the AI Does It, Does That Mean It Is Not Illegal?” Ethisphere, Winter 2024

Securities and Exchange Commission, “SEC Charges Two Investment Advisers with Making False and Misleading Statements About Their Use of Artificial Intelligence,” March 18, 2024

Securities and Exchange Commission, SEC Charges Founder of AI Hiring Startup Joonko with Fraud, June 11, 2024

U.S. Department of Justice, “Founder And Former CEO Of Artificial Intelligence Company Charged With Securities Fraud,” June 11, 2024

 

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