AI Counsel Blog Posts
by John Jenkins
February 3, 2026
This Baker Botts blog leads off with the remarkable projection that “non-human and agentic identities are expected to exceed 45 billion by the end of 2026, more than twelve times the human global workforce.” Despite the staggering size of the AI agent workforce, the blog says that only 10% of organizations say they have a […]
by John Jenkins
February 2, 2026
Cybersecurity Insiders recently published its 2026 CISO AI Risk Report, which is based upon the results of a survey of 200 CISOs and other security leaders. This excerpt sets forth the report’s key findings: – 71% of CISOs say AI has access to core business systems, but only 16% govern that access effectively. These agents […]
by Zachary Barlow
January 29, 2026
Last August, I wrote about upcoming regulatory changes from the California Privacy Protection Agency (CPPA). These included new disclosure regulations for businesses using Automated Decision-Making Technology (ADMT). As of January 1, 2026, the new CPPA rules are in place, and compliance is required by January 1, 2027. Companies subject to the CPPA regulations should use […]
by Zachary Barlow
January 28, 2026
The use of AI in employment decisions continues to be risky territory. We’ve written previously about algorithmic discrimination lawsuits, but a new kind of litigation is emerging in California. Two job applicants have sued AI company Eightfold. The Plaintiffs allege that the screening tool provided by the service constitutes a prohibited “consumer report.” A recent […]
by Zachary Barlow
January 27, 2026
There has been a substantial push and pull in the AI world surrounding copyright law. One key area of concern is the use of copyrighted material in AI training data. This was the central controversy in a case against Anthropic brought by several major publishers. While that case settled, AI training is rife with similar […]
by Zachary Barlow
January 26, 2026
We’ve previously discussed the rising regulation and risk around AI chatbots. Many of these regulations apply to specific uses such as chatbots in mental health care or “companion bots.” However, a new class of chatbot regulation is coming into force that affects more mundane uses, such as customer service-oriented bots. These laws require companies to […]
by John Jenkins
January 22, 2026
Wilson Sonsini recently published a list of AI regulatory developments that companies need to watch out for during the upcoming year. As this excerpt explains, one of those developments is an increase in state efforts to regulate high-risk uses of AI tools: For companies developing or deploying AI for consequential decisions (e.g., financial or lending […]
by John Jenkins
January 21, 2026
According to a recent ISACA article on cybersecurity trends to watch in 2026, data privacy will be front and center when it comes to security priorities. This excerpt explains: Throughout the past decade, cybersecurity has largely focused on protecting systems from hackers; however, that focus is shifting. Data privacy, driven in large part by its […]
by John Jenkins
January 20, 2026
Here’s something that my colleague Meaghan Nelson recently published on “The Mentor Blog”: Recently, the ABA published a practical checklist for managing your firm’s use of AI. The article recognizes that folks are using AI for a variety of tasks—from help with emails to summarizing long documents to help with contract review. The key is […]
by Zachary Barlow
January 15, 2026
Many firms are integrating AI by working with outside vendors. Oftentimes, these deals are structured as Software as a Service (SaaS) agreements. This usually looks like a firm paying a monthly fee to a vendor for access to that vendor’s AI systems. While these agreements may seem straightforward, individual needs and scale can quickly complicate […]