Investigations, Enforcement, & Compliance Alerts

Health care companies and stakeholders should be prepared for an uptick in antitrust complaints and investigations in the short term, driven by the launch of HealthyCompetition.gov. Despite the anticipated short-term impact, the long-term impact remains uncertain and depends on the sustained engagement and use of the tipline by the public.

On October 30, 2023, President Biden signed an Executive Order regarding “Safe, Secure, and Trustworthy Artificial Intelligence.” The administration’s goal is to provide a legal and regulatory framework for the largely unregulated world of artificial intelligence (AI) so that the U.S. can reap the benefits of AI while avoiding the pitfalls. This wide-reaching order directs government agencies to promulgate rules, form task forces, and provide guidance on the risks of AI to national security, biological research, data privacy, civil rights, consumer protections, and the ability of workers to bargain collectively. While this order will have a broad impact across the entire economy, government contractors will be particularly impacted in the coming months and years as they are forced to adapt to emerging rules and regulations governing how they can use AI and what forms of AI the government will approve for use on government contracts. This order signals a shift in how federal agencies will operate in the future, and those changes will require contractors to adapt, whether or not they actively use AI in their operations.