AI Counsel Blog Posts
by John Jenkins
January 8, 2026
Companies implementing AI tools need a targeted AI policy that provides clear but flexible guardrails that can be incorporated into firm-wide training programs while also allowing companies to pivot quickly to address rapid technological change. This Arent Fox Schiff blog offers some insights into the key things to consider when developing such a policy. This […]
by John Jenkins
January 7, 2026
Dechert recently issued some predictions about key cyber, AI and privacy legal developments that might play out over the course of 2026. Here’s some of what they had to say about regulatory enforcement priorities in the upcoming year: – We’ll see U.S. regulatory enforcement increase at the state level with multi-state investigations and/or one-off AG […]
by John Jenkins
January 6, 2026
NIST recently published a preliminary draft of its Cybersecurity Framework Profile for Artificial Intelligence, which is intended to provide guidelines for managing cybersecurity risk related to AI systems and identify opportunities for using AI to enhance cybersecurity capabilities. Here’s the intro to this Covington blog on the draft profile: On December 16, 2025, the U.S. […]
by John Jenkins
January 5, 2026
Last month, Sen. Marsha Blackburn (R-Tenn.) announced that she would introduce legislation in the Senate to establish the kind of minimally burdensome national standard for regulating AI called for in President Trump’s executive order preempting certain state AI laws. According to Sen. Blackburn, the legislation, which she is calling The Republic Unifying Meritocratic Performance Advancing Machine […]
by John Jenkins
December 23, 2025
Boston Consulting Group recently issued a report discussing the unique risks posted by Agentic AI tools and provides insights on what companies must do to build a risk framework specifically tailored to address the unique cyber vulnerabilities posed by Agentic AI. That starts with the CIO & CISO understanding the nature of those risks, which […]
by John Jenkins
December 22, 2025
This WTW article identifies four critical ethical challenges that companies should consider when assessing their AI governance practices. This excerpt addresses privacy compliance and the hidden risks of personalization: If you use AI to personalize services based on customer behavior and financial history, you could be using sensitive personal data, which can introduce significant privacy […]
by Zachary Barlow
December 18, 2025
The state of New York is tackling AI in advertising and entertainment in two new pieces of legislation. The first is an advertising law. This law requires commercial advertisements to include “conspicuous” disclaimers if using AI to create realistic-looking but “nonidentifiable” actors. The second law pertains to the rights of deceased performers’ estates. This law […]
by Zachary Barlow
December 17, 2025
In January 2025, the President signed an executive order titled “Removing Barriers to American Leadership in Artificial Intelligence.” The order tasked agencies with reviewing regulations that might block US AI development. Now, almost a year later, we’re seeing the impact of that executive order. The EPA has announced a new resource for data center developers […]
by Zachary Barlow
December 16, 2025
It’s no secret that AI has a “dark side.” The headlines are rife with examples of AI encouraging illegal or harmful behaviors and the resulting tragedies. Now, forty state attorneys general are demanding action. The National Association of Attorneys General issued a letter to thirteen AI companies, including Anthropic, Google, and Microsoft. In it, the […]
by Zachary Barlow
December 15, 2025
Back in July, members of Congress proposed a prohibition on state AI regulation. Ultimately, these efforts failed, and the proposed ban died in the Senate. Now, just in time for the holidays, the “ghost of moratoriums past” is back. This time, the ban takes the form of an executive order (EO). The President signed EO […]