AI Counsel Blog Posts
by John Jenkins
April 30, 2026
Many retailers offer shoppers their own proprietary AI agents or shopping bots to enhance customer experience. Retailers can control their proprietary agents’ actions and the risks associated with them, but this Sheppard Mullin memo points out that a bunch of third-party AI shopping agents are being deployed, and users are creating agents of their own. […]
by John Jenkins
April 29, 2026
Earlier this month, the DOJ announced the indictment of two former executives of iLearning Engines, a artificial intelligence (AI)-driven business automation solutions, for an alleged scheme to defraud investors. This Debevoise blog says that the indictment sends a signal about the DOJ’s AI prosecution priorities: While DOJ’s public statements about the indictment squarely positioned the […]
by John Jenkins
April 28, 2026
This Fox Rothschild blog flags Kistler v. Eightfold AI, a recent class action complaint filed in a California state court. The plaintiffs allege that a recruiting company’s use of a proprietary LLM to score and rank potential job candidates for employers without registering as a consumer reporting agency violated the Fair Credit Reporting Act (FCRA) […]
by John Jenkins
April 27, 2026
We’ve blogged several times about issues associated with insurance coverage AI-related liabilities and have noted the need for risk managers need to keep a close watch on their insurance policies in order to ensure adequate coverage. According to a recent CIO.com article, that job is getting harder, because insurers are increasingly backing away from covering […]
by Zachary Barlow
April 23, 2026
Agentic AI is the next step for AI technology. AI agents are currently at the cutting edge, and that makes them dangerous. We’ve previously written about many of these risks, ranging from errant commerce bots to “agent washing.” However, what makes agentic AI so risky isn’t only its ability to act without human intervention, but […]
by Zachary Barlow
April 22, 2026
AI policies are a company’s first line of defense against AI-related risks. They set the ground rules for employee and organizational use of emerging technologies. However, you can’t just rely on a list of prohibitions and expect to get the most out of AI. Employee training is necessary. A good program should teach employees specifics […]
by Zachary Barlow
April 21, 2026
AI washing cases are on the rise, and federal prosecutors are looking to root out offenders who may undermine the AI market. This strategy is reflected in the recent indictment against the CEO and CFO of iLearningEngines, Inc. A recent Debevoise & Plimpton memo explores how this indictment fits into the administration’s broader AI strategy: […]
by Zachary Barlow
April 20, 2026
Washington became the latest state to pass regulations aimed at “companion” chatbots last week. The law will require companies deploying companion bots to meet certain disclosure and safety standards. A recent memo from K&L Gates provides details: “To comply with the Chatbot Disclosure Act, ‘companion’ chatbot operators must provide a clear and ongoing disclosure that […]
by John Jenkins
April 16, 2026
On March 30, 2026, in Morgan v. V2X, Inc., (D. Colo.; 3/26), a Colorado federal magistrate held that litigation materials prepared using public AI tools were entitled to protection under Rule 26(b)(3)(A) of the Federal Rules of Civil Procedure. That protects “documents and tangible things that are prepared in anticipation of litigation or for trial […]
by John Jenkins
April 15, 2026
We gave a plug to MIT yesterday, and today it’s Harvard’s turn. This Harvard Business School “Working Knowledge” blog discusses how AI tools are accelerating cyberattacks and increasing the threat that those attacks pose. It suggests the following diagnostic for companies to run before their next board meeting in order to assess their readiness to […]