AI Counsel Blog Posts
by Zachary Barlow
February 11, 2026
AI developers are seeking to change the way people work and live. In many cases, companies are developing semi-autonomous “AI agents.” These agents, if effective, could upend the way online commerce operates. Imagine being able to tell your AI agent that you need a new computer and would like it to pay the lowest price […]
by Zachary Barlow
February 10, 2026
We’ve written a lot about the risks of using AI in employment decisions. Algorithmic discrimination, data privacy, and AI errors are all risk factors on the employer side. Then there’s the applicant’s use of AI to worry about. Companies must account for things like deepfakes and AI-generated references. Whether you’re using AI tools in the […]
by Zachary Barlow
February 9, 2026
The economy has been abuzz with AI innovations for several years now. Almost every day, we hear stories about how companies are leveraging AI to do incredible things. However, some claims are too good to be true, and the Federal Trade Commission (FTC) is actively enforcing against companies that overpromise on AI. Most recently, the […]
by John Jenkins
February 5, 2026
Here’s a scary scenario laid out in the intro to this Jones Walker blog: The scenario sounds like science fiction: a candidate aces a video interview, clears a background check, and starts work only to deploy malware on day one. But it’s already happening. Gartner projects that by 2028, one in four candidate profiles worldwide will be […]
by John Jenkins
February 4, 2026
I think most companies realize the cyber threats posed by phishing attacks targeting senior executives, AI deepfakes, and remote IT workers, but I wonder how many have focused on the vulnerabilities created by their own IT “help desks”? This excerpt from a recent Debevoise blog says that companies should be alert to the security risks […]
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 […]