AI Counsel Blog Posts
by Zachary Barlow
June 16, 2026
Courts across the U.S. are weighing in on evidentiary issues related to AI. Key among these is whether prompts entered into commercial AI models and the subsequent outputs are protected by evidentiary privilege. We previously wrote about a groundbreaking case out of New York, United States v. Heppner. In that case, the court ruled that […]
by Zachary Barlow
June 15, 2026
Another piece of AI legislation was recently introduced in Congress. The “Great American Artificial Intelligence Act” (GAAIA) is the latest attempt to advance a national AI regulatory framework for frontier AI developers. A recent McGuire Woods memo dives into what the law is and how it may impact companies: “The bill is primarily aimed at […]
by John Jenkins
June 11, 2026
With cyber losses hitting $16 billion in the US last year, it’s probably not surprising to learn that the companies backstopping those losses are applying a lot closer scrutiny to insurance claims associated with cybersecurity breaches. Here’s an excerpt from this Cybersecurity Dive article: Given the financial squeeze on cyber insurers over the past year, […]
by John Jenkins
June 10, 2026
A recent Squire Patton Boggs memo addresses key AI governance issues that GCs and law departments should consider revisiting as a result of the rapid development of AI technology. Here’s an excerpt from the memo’s discussion of agentic AI: AI agents, or agentic AI, refers to AI systems that autonomously execute multiple steps with minimal […]
by John Jenkins
June 9, 2026
Here’s a new report from MIT that highlights the need to prioritize and address the risks posed by AI, and the potentially catastrophic consequences if the parties in the best position to address those risks continue with a “business as usual” approach. I’m guessing it will ruin your whole day. Anyway, the report classifies […]
by John Jenkins
June 8, 2026
I think it’s fair to say that Anthropic’s announcement of the capabilities of its Claude Mythos AI system in April 2026 prompted a generalized freakout over its capabilities and the potential security threats it poses. Now that everyone’s had time to breathe into a paper bag for a while, this Debevoise blog has some advice […]
by Zachary Barlow
June 4, 2026
The worlds of AI and copyright intersect on a number of levels. Most often, we write about this intersection in the context of infringement. This occurs when a copyright holder’s materials are used in AI training or appear in AI outputs. However, there’s another important consideration on the opposite side of the coin. AI outputs […]
by Zachary Barlow
June 3, 2026
Yesterday, the president signed a new executive order (EO) on AI focusing on cybersecurity. It introduces new voluntary programs for private sector AI developers. These programs would allow AI developers to confidentially submit frontier models to the federal government for early cybersecurity testing. The administration’s fact sheet on the EO describes these private sector efforts: […]
by Zachary Barlow
June 2, 2026
The FTC recently announced a settlement agreement with three marketing firms accused of AI washing. The FTC alleges that the firms misled consumers by offering deceptive “AI-powered services.” The firms allegedly told clients that their new AI system could actively eavesdrop on the smart devices of individuals who consented to various third-party terms and conditions. […]
by Zachary Barlow
June 1, 2026
In March, I wrote about a growing class of data privacy litigation. These cases seek to enforce the California Invasion of Privacy Act (CIPA) against websites collecting user data. These cases allege that websites violate the CIPA when recording data from users’ sessions, even if the website does not share the data. Recently, a California […]