AI Counsel Blog Posts
by Zachary Barlow
June 10, 2025
Cybersecurity agencies in the US, UK, Australia, and New Zealand recently collaborated on a new Cybersecurity Information Sheet (CIS). The CIS discusses cybersecurity risks and best practices for managing data sets used to train AI. Here are five of the best practices the report identifies, as summarized in a recent A&O Shearman memo: “Source reliable […]
by Zachary Barlow
June 9, 2025
We’ve written before about the importance of governance in AI-related risk management. There are now new AI governance tools on the market that aim to assist decision makers in the governance process. AI governance platforms can aid in bias detection, policy automation, and performance monitoring for AI models. CIO recently discussed AI governance platforms and […]
by John Jenkins
June 5, 2025
Earlier this week, I blogged about Claude Opus 4’s potential to drop a dime on its users when it perceives that they’ve engaged in misconduct. Well, it turns out that while our boy Claude may be a whistleblower, he’s also capable of some pretty serious misconduct of his own. Check out this excerpt from an […]
by John Jenkins
June 4, 2025
A recent Katten blog discusses what companies should keep in mind when selecting GenAI model providers, models and use cases. The blog says that not all providers are created equal, and that due diligence is necessary before selecting the appropriate provider for a particular business’s needs: Before selecting a provider and model, it is important […]
by John Jenkins
June 3, 2025
This BakerMcKenzie blog addresses the increasingly complex regulatory scheme governing cross-border data transfers by US companies and says that companies need to act now to avoid potential compliance issues. It cites the DOJ’s new Data Security Program (DSP), which bars US persons from making certain personal data available to entities in China, Russia, Iran and […]
by John Jenkins
June 2, 2025
So, here’s a variation on the HAL 9000 problem that I’ve never contemplated before – what if your Agentic AI software decides that your company is doing something wrong and drops a dime on you? According to a recent post on Matt Kelly’s Radical Compliance blog, that’s not just a theoretical possibility: Here’s a tough […]
by Zachary Barlow
May 29, 2025
The U.S. Copyright Office has published its third Report on Copyright and Artificial Intelligence in the form of a “pre-publication” draft (we wrote about the second report here). Part three focuses on the legal analysis used to determine copyright infringement in AI-related cases. A recent Sidley memo highlights key takeaways, including how an AI model’s […]
by Zachary Barlow
May 28, 2025
Previously, I wrote about algorithmic discrimination and the risks of utilizing AI software to make HR decisions. Now Workday Inc., an HR software provider, faces a collective action suit alleging its AI software unlawfully discriminates against older candidates. A recent Holland & Knight memo discusses new developments in the case: “On May 16, 2025, Judge […]
by Zachary Barlow
May 27, 2025
Managing AI risks often turns out to be a very human process. To guard against errors in AI outputs and ensure that systems are functioning as intended, companies often use human oversight as a core part of their risk management practices. A recent Debevoise & Plimpton memo discusses various methods used to oversee and mitigate […]
by John Jenkins
May 22, 2025
I’ve previously blogged about some of the conclusions in the World Economic Forum’s 2025 Global Cybersecurity Outlook, but I thought it was revisiting the report’s finding that nearly half of global organizations cite malicious use of Gen AI tools as their top cybersecurity concern. This excerpt explains why there’s a good reason for that concern: […]