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by John Jenkins

January 16, 2025

This Wilson Sonsini memo makes some predictions about U.S. privacy, cybersecurity and consumer protection legislative and regulatory activity in 205.  This excerpt says that we will see a lot of state data privacy legislation come online during the new year, and that while we shouldn’t hold our breath waiting for the FTC to adopt its […]

by John Jenkins

January 15, 2025

In November 2024, the Department of Homeland Security issued a new “Roles and Responsibilities Framework for AI in Critical Infrastructure,” which summarizes the risks posed by AI to critical infrastructure and sets forth a risk mitigation framework for key constituencies. This excerpt from an Industrial Cyber article summarizes the objectives of the DHS framework: The […]

by John Jenkins

January 15, 2025

Ropes & Gray recently issued a memo on the current state of AI-related copyright litigation.  The article notes that more than 15 notable copyright infringement suits are pending across the country against AI platforms. These suits are premised on various theories of liability, including allegations that AI models infringe copyrights through training with copyrighted works, […]

by John Jenkins

January 14, 2025

A recent IT Security Guru article says that when it comes to the development of policies governing the use of AI technologies and in developing new AI tools, corporate cybersecurity teams often find themselves out of the loop: Only 35% of cybersecurity professionals or teams are involved in the development of policy governing the use […]

by John Jenkins

January 13, 2025

A recent MarshMcLennan memo highlights key steps for risk managers to take in order to effectively implement an artificial intelligence strategy and manage the risks associated with it. The memo says that starting point is to clarify where responsibility for AI risk management lies within the organization. Marsh notes that this is often ambiguous, but […]

by John Jenkins

January 9, 2025

Welcome to the AI Counsel Blog!  This blog’s objective is to highlight useful resources and share guidance on best practices for front-line risk management and compliance professionals who are dealing with the challenges of artificial intelligence, cyber, and other emerging technologies.  Of course, we’ll continue to cover SEC and corporate governance developments in these areas […]

by John Jenkins

January 8, 2025

A recent Deloitte survey on the state of Generative AI adoption by businesses says that worries about regulatory compliance, difficulty managing risks and the lack of a governance model are among the top barriers to development and deployment of AI tools.  The survey says that companies are working to establish risk mitigation programs and build […]

by Zachary Barlow

January 8, 2025

A number of legal cases are pending against AI developers alleging various intellectual property violations, but one case in New York may have broader implications for the AI industry. The Intercept alleges that OpenAI, creator of ChatGPT, violated the Digital Millennium Copyright Act (DMCA). The Intercept alleges that OpenAI used copyrighted works in its AI […]

by John Jenkins

January 7, 2025

Artificial intelligence tools are being used across an increasingly wide spectrum of applications, each of which presents their own unique risk management challenges.  This Torys memo discusses the use of AI tools in employee recruitment and retention and provides an overview of the regulatory framework and the key risks companies face when using these tools.  […]

by Zachary Barlow

January 6, 2025

Management of cybersecurity risks is an enterprise-level issue and relegating your cyber-attack response to your IT department is insufficient. The risks posed by cyber-attacks are far-reaching and include legal, reputational, and financial losses. To manage these risks and prepare for a worst-case scenario you need well-defined roles and responsibilities spread throughout your organization. One critical […]