by Jeremy Feigelson, Avi Gesser, Jim Pastore, Justin C. Ferrone, Anna R. Gressel, Paul D. Rubin, and Melissa Runsten
For those following emerging artificial intelligence (“AI”) regulations and enforcement closely, one issue of great interest is remedies. In particular: in what circumstances, if any, would regulators or courts find that a flawed machine learning or AI model must be scrapped entirely? A hot-off-the-press decision from the U.S. Federal Trade Commission (the “FTC”) suggests regulators will not shy away from saying “scrap it.”