AI Counsel Blog Posts
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 […]
by John Jenkins
December 11, 2025
While it’s hard to find anyone who isn’t excited about AI’s potential to enhance productivity, a recent survey from the Computer Technology Industry Association (CompTIA) of more than 1,100 US business respondents says that, so far, reality has fallen far short of expectations. Here’s an excerpt from CompTIA’s report on the survey’s findings: A majority […]
by John Jenkins
December 10, 2025
A recent Robinson Cole blog cites some scary data from Beazley Security’s Third Quarter Threat Report. This excerpt from the blog highlights the most common paths for ransomware attacks: Significantly, the report notes that “the most common entry point was the use of valid, compromised credentials to access VPN infrastructure, which continued to grow in […]
by John Jenkins
December 9, 2025
According to a recent KPMG survey, adoption of AI tools is becoming ubiquitous in US businesses, and employees are leading the charge. At the same time, however, anxiety about job replacement appears to be growing. Here are some of the survey’s key findings: – Nearly 9 in 10 employees use AI tools on a weekly […]
by John Jenkins
December 8, 2025
Last month, Anthropic released a report on its investigation of an unprecedented cyberattack by a Chinese state sponsored group. This excerpt from the report explains what made the attack unique: The actor achieved what we believe is the first documented case of a cyberattack largely executed without human intervention at scale—the AI autonomously discovered vulnerabilities […]
by Zachary Barlow
December 4, 2025
Contracts are an important tool for managing risks outside your organization. We’ve previously written about using contract terms to protect data sets, ensure legal compliance, and mitigate AI risks. As AI proliferates, we’ll likely see contractual provisions related to AI use become commonplace. A recent Taft memo discusses three common types of AI clauses that […]
by Zachary Barlow
December 3, 2025
We often think about AI risks in narrow terms of risks emerging from our own AI use. This has led some to approach AI defensively, thinking that AI abstention or avoidance is the safest path forward. While a large portion of AI risk is generated internally, there are also external risks to consider and manage. […]
by Zachary Barlow
December 2, 2025
The United States Patent and Trademark Office (USPTO) has issued new guidance on AI-assisted inventions. The new document supplants previous guidance issued in February of 2024. It clarifies that only natural persons are eligible inventors under patent law and that AI systems are tools, not co-inventors. A recent Sheppard Mullin memo summarizes the USPTO’s new […]
by Zachary Barlow
December 1, 2025
As companies are preparing to comply with the EU AI Act, the European Commission is proposing to reopen its flagship AI regulation. The Commission is proposing a “Digital Omnibus” to reduce compliance burdens and streamline digital regulations, including the EU AI Act. One of the many changes proposed by the legislation is a delay in […]