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In November 2024, the U.S. Department of Justice Antitrust Division (“Antitrust Division” or “Division”) updated its guidance on how it will evaluate Corporate Compliance Programs when conducting criminal antitrust investigations. The updated guidance demonstrates that when the Antitrust Division is evaluating a company’s compliance program as part of its investigation and charging-decision process, it will assess what the company has done to preserve electronic communications, such as ephemeral messages, and steps the company has taken to account for new technologies as well as its use of artificial intelligence (AI) and algorithmic revenue management software when conducting company business. Updating compliance programs in these areas will be helpful for companies seeking to detect and prevent criminal antitrust violations. And should a company become the subject of either a criminal or civil antitrust investigation, evidence that it has developed and implemented policies regarding new communications platforms and protocols concerning the use of AI and algorithmic software will make it easier for a company to effectively argue for credit for a robust and effective compliance program. Such steps may make a meaningful difference in influencing the Antitrust Division when it is making charging decisions. Effective Compliance Programs Should Account for All Forms of Communication The updated guidance indicates that the Antitrust Division will probe whether the company has instituted “clear guidelines regarding the use of ephemeral messaging or non-company methods of communication including the extent to which those communications are permitted and when employees must preserve those communications.” Ephemeral messaging tools allow messages to disappear without a backup or archiving function. The guidance reflects the Antitrust Division’s view that even when employees use personal devices and third-party messaging platforms that have not been formally approved for conducting company business, the Antitrust Division will seek those communications and expect clear guidance from the company to its employees about disclosing and preserving such communications and communication routes. The Antitrust Division will probe the retention and deletion settings that are available to employees, as well as the rationale the company used for establishing its directives. The guidance is consistent with recent updates to the DOJ’s standard preservation letters and subpoenas to include language regarding the preservation of ephemeral messages and other new methods of communications. Companies face clear obstacles in monitoring the actions employees may take when violating company policies regarding ephemeral messaging and non-approved forms of communication to conduct company business. Yet it remains imperative to have clearly articulated policies in place with a sound rationale for the policies that are implemented. When a compliance program addresses these matters and employees are properly trained on the policies, the company can more effectively argue to Division officials that employees who failed to follow clearly stated directives were not acting on behalf of the company. The weight of these arguments will vary depending on the unique circumstances of each case, but having a clearly articulated policy in place will at least provide an avenue to present the argument to Division prosecutors. Compliance Programs Should be Updated to Assess and Address Risk Relating to the Use of AI One of the factors that DOJ prosecutors are instructed to consider when evaluating antitrust compliance programs is how the program handles risk assessment in a variety of categories. The updated guidance states that effective compliance programs must address how a company uses “technology, particularly new technologies such as artificial intelligence” and “algorithmic revenue management software” to conduct business. The DOJ’s guidance follows warnings earlier this year from the U.S. Federal Trade Commission that the use of algorithms to assist in determining prices may violate federal antitrust laws, regardless of the business or industry. Per the recent DOJ guidance, compliance programs should have mechanisms to mitigate risk in the deployment of such technology. At a minimum, these mechanisms should help compliance officers understand how AI and other technology tools are being used for pricing and marketing decisions and what the data inputs include. The risk assessment should evaluate what public, non-public, and non-company data are being used as well as what data the company may be sharing externally through technology. In turn, the compliance program should address how the company can detect and correct, when necessary, decisions made by AI or other technologies that may be problematic. Deploying AI and other innovative technologies without proper safeguards increases the risk of lawsuits from civil litigants alleging antitrust violations based on the use of third-party platforms to share sensitive business information. An effective compliance program will evaluate the use of such platforms or third-party information and will require decision makers to document why certain technologies were adopted for business purposes and how those technologies are pro-competitive. Conclusions and Recommendations In 2019, the Antitrust Division announced a shift in its approach for evaluating compliance programs whereby it would credit effective antitrust compliance programs at both the charging and sentencing stages of its enforcement activities. The updated guidance provides insights on the Division’s priorities when considering credit for compliance programs and direction for companies and their compliance officers on how to reevaluate and improve their corporate compliance infrastructure. A robust antitrust compliance program should address each aspect of compliance as discussed in the Antitrust Division’s “Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations. ” Two key areas of compliance program assessment should include an evaluation of communications policies for all employees as well as a deeper analysis of how the company is using AI and other technologies in pursuing its business objectives.
Ledger Markets Global Celebrates Record User Growth Following Platform UpdatesUS President-elect Donald Trump President-elect Donald Trump took to Truth Social, alleging that the Democrats had paid celebrities to lend their public support to Vice President Kamala Harris. In a post on Saturday, Trump claimed the Democrats had spent millions to secure endorsements from high-profile figures such as Beyoncé, Oprah Winfrey, and MSNBC host Al Sharpton. “Are the Democrats allowed to pay $11,000,000, $2,000,000, and $500,000 to get the ENDORSEMENT of Beyoncé, Oprah, and Reverend Al? I don’t think so,” the former president wrote. He went on to criticise the involvement of these figures, stating, “Beyoncé didn’t sing, Oprah didn’t do much of anything (she called it ‘expenses’), and Al is just a third rate Con Man.” Beyoncé and Oprah had both appeared alongside Harris during the campaign trail, with Oprah recently insisting that she “was not paid a dime” for her involvement in a live-streamed event, though the campaign did cover production fees, The Hill reported. Sharpton, the prominent civil rights activist and MSNBC host, interviewed Harris in October. He is also the founder of the National Action Network, a non-profit organisation that received a $500,000 donation from Harris’ campaign shortly before the interview. Sharpton subsequently organised a get-out-the-vote rally for Harris, just three days after the segment aired. An MSNBC spokesperson told the Washington Free Beacon that the network was unaware of the donations to the National Action Network. The network has declined to comment further on the matter, citing its policy of not discussing "personnel matters." Trump, in his Saturday post, questioned the legality of the donation, suggesting that it might be in violation of campaign laws. "So what is going on here??? Totally against the law, and I have heard there are many others!!!" he wrote, continuing his criticism of Harris' campaign spending. Throughout the 2024 election cycle, Trump has frequently taken issue with Harris’ media appearances, including a CBS News interview in which he claimed the network altered her responses before airing.
Why it matters: Despite their potential, quantum computers have largely remained confined to laboratories and have yet to demonstrate their usefulness for real-world tasks. However, a small San Francisco startup called BlueQubit aims to be among the first to make this groundbreaking technology practical. BlueQubit recently secured a $10 million seed funding round led by Nyca Partners to advance its mission of helping businesses harness the power of quantum computing. The company's flagship product is a quantum software-as-a-service (QSaaS) platform, which provides industries with access to quantum processors and emulators for tackling problems that classical computers cannot solve. BlueQubit claims its software stack, combined with proprietary algorithms, can run quantum emulators up to 100 times faster than existing solutions. The company achieves this through a unique approach: leveraging classical GPUs to test and refine quantum algorithms before deploying them on quantum hardware. This strategy enables effective scaling and supports the development of innovative quantum machine learning and optimization techniques. While sectors like pharmaceuticals and materials science are poised to benefit significantly from quantum computing as it becomes more accessible, Nyca Partners anticipates that the financial services industry will be the first to see transformative impacts. "We have been looking for a team to invest in who are looking to enable financial services firms to hit the ground running once quantum is here," said Tom Brown, partner at Nyca. BlueQubit ultimately aims to accelerate the mainstream adoption of quantum technology by bridging the gap between quantum hardware capabilities and enterprise software demands, according to TechCrunch. The company's founders, CEO Hrant Ghairbyan and CTO Hayk Tepanyan, bring deep experience from their work developing quantum technologies at Google. Ghairbyan contributed to pioneering efforts that later informed Google's Quantum AI team, while Tepanyan worked on Google's infrastructure team. After observing rapid advancements in quantum computing, the duo launched BlueQubit in 2022. Interestingly, the idea for the company struck them while surfing. "We decided to start the company while sitting on surfboards in Santa Monica, CA, in the spring of 2022," Ghairbyan told TechCrunch. "We had just heard a new announcement from the IBM Quantum team about progress on superconducting qubits, and it was clear that the quantum landscape was advancing at an incredible pace." Quantum computing, alongside generative AI, has become one of the hottest topics in tech. Its development has accelerated significantly in recent years. Earlier this month, Google's quantum computing lab unveiled a new chip, Willow , which reportedly performs certain benchmark calculations in just five minutes – tasks that would take the world's fastest supercomputer "10 septillion years" to complete.Medical Furniture Market Set for Exceptional Growth in the Forecast 2024-2032Rudy Giuliani draws rebuke for a courtroom outburst accusing judge in assets case of being unfairMichael Strahan's daughter, Isabella, has given an update to her cancer battle after posting an image of her hair growth while documenting her recovery after being diagnosed last year. The 20-year-old daughter of the Good Morning America host and Pro Football Hall of Famer first shared her diagnosis back in October 2023 on the aforementioned show, going on to bravely document her journey as well as the day that she had shaved her hair. Isabella was diagnosed with medulloblastoma, a rare form of brain cancer after struggling to walk while scans showed that a tumor had been rapidly growing on her brain. Greg Gumbel dead at 78 as sports fans pay tribute to legendary broadcaster Tom Brady has telling reaction to Michael Strahan's FOX NFL Sunday message Continuing to post to social media throughout her diagnosis and battle, Strahan showed multiple images of her shaven head while giving updates to her followers in and out of hospital with dozens of meetings with doctors. In July, Isabella shared the heart-warming news that she had became cancer-free, while posting images of herself on holiday with friends this week with her hair growing back. Taking to Instagram on Friday, she posted: " And we’re back..." with images on a beach in The Bahamas, with fans flooding her comments with messages of support. Isabella's cancer-free post back in July read: " Vlog so I just got to my last appointment in the children's hospital I have my disc um and we're going to go over some scans and then I get blood work and that's it it was a great great scan. Everything was clear cancer free and everything is great." She told her fans on her vlog that she would not be returning to the hospital until October for a check up, while thanking for the staff who had looked after her with a touching shoutout and thanked them for their working, noting that the staff was nice. "I love them so much," she added. Michael had spoken about Isabella's battle on multiple occasions, with him reportedly struggling to deal with her illness earlier this past year. An insider told MailOnline : "Michael has not had the easiest time dealing with this. He has leaned on his close friends including those at GMA and he is doing the best to be strong for her, but it is not easy. He has his moments of complete breakdown. Luckily, this type of cancer has a fairly high five-year survival rate. It depends on [the] treatment. He is holding onto hope and has received so much support from his GMA family." **Want to watch more live sports? Peacock has your favorite sports, shows, and more all in one place. ** Peacock offers plans starting at $7.99 ** so you can stream live sports like NFL, Premier League, and Big Ten Football.**
DENVER , Dec. 19, 2024 /PRNewswire/ -- Predictive Safety is thrilled to unveil our new strategic alliance with DISA Global Solutions, a leading provider of employee screening and compliance services. This collaboration marks a major milestone in our mission to enhance workplace safety, ensure compliance, and promote employee well-being across industries. Workplace Safety & Compliance for a Safer, More Productive Workforce At Predictive Safety, we are committed to reducing workplace incidents by addressing human factors and fostering safer work environments. DISA shares this commitment, making this partnership a perfect synergy to enhance both companies' client offerings. Jeff Akers , CEO of Predictive Safety, states, "We are thrilled to bring our AleterMeter ® technology to DISA's extensive network. This partnership represents the next steps in workplace safety and compliance." This collaboration strengthens DISA's ability to provide tailored compliance programs that address evolving workplace challenges. Together we will help organizations elevate safety by leveraging AlertMeter's ® advanced alertness reporting and KPI metrics, to create thriving, safe work environments. Gold Sponsorship at Day with DISA Predictive Safety is proud to join DISA's annual Day with DISA event. "We are excited to be supporting this great event and an opportunity to connect with DISA's tremendous client base to help raise awareness and credibility with all Predictive Safety has to offer" said Peter Hay , VP of Marketing. Day with DISA offers attendees the chance to explore Predictive Safety's innovative tools and how they complement DISA's comprehensive services. About Predictive Safety Predictive Safety SRP, Inc. is a leader in workforce safety and operational readiness, offering solutions to mitigate risks related to fatigue, impairment, and emotional distress. Our flagship tools, AlertMeter ® and AlertMeter ® FRMS (Fatigue Risk Management System), use advanced science, real-time data, and predictive analytics to proactively address human performance challenges, reduce incidents, and boost productivity. About DISA Global Solutions Founded in 1986, DISA is the industry-leading provider of employee screening and compliance services. With headquarters in Houston and over 35 offices across North America and Europe , DISA offers services including background screening, drug and alcohol testing, DOT & HR compliance, occupational health, and I-9/E-Verify. DISA helps employers make informed staffing decisions while building safer workplaces. For more information please contact Predictive Safety https://predictivesafety.com/ Peter Hay Peter.hay@predictivesafety.com View original content: https://www.prnewswire.com/news-releases/predictive-safety-announces-partnership-with-disa-global-solutions-302335351.html SOURCE PREDICTIVE SAFETY SRP, INC.