AI Counsel Blog Posts
by Zachary Barlow
October 14, 2026
We’ve been following the rise in litigation targeting websites for alleged California Invasion of Privacy Act (CIPA) violations. CIPA is a 1967 wiretapping law designed to protect telephone communications. Its drafters could not have foreseen the advent of the internet. Nevertheless, some plaintiffs have attempted to use the law to target websites engaged in run-of-the-mill […]
by Zachary Barlow
October 13, 2026
Best practices for managing AI systems are emerging as the technology becomes further embedded across the economy. Most recently, the Conference of State Bank Supervisors (CSBS) released a new suite of documents as part of its AI Supervisory Framework. This Framework gives state financial authorities the tools to properly examine and assess AI risks in […]
by Zachary Barlow
October 8, 2026
Earlier this week, I wrote about fourteen new AI-related laws in California. These laws introduced new restrictions on AI use and development across multiple areas. However, those aren’t the only AI industry regulations to come out of this legislative session. The California Governor also signed seven new data center laws. These fall into three categories: […]
by Zachary Barlow
October 7, 2026
AI-driven layoffs are creating economic anxiety and backlash against AI. Many sectors have seen workforce reductions since the advent of generative AI. Some companies are attempting to use AI agents in place of humans to reduce costs. However, recent data suggests that this may not be working out particularly well. A survey conducted by Korn […]
by Zachary Barlow
October 6, 2026
A couple of weeks ago, I wrote about a slate of AI laws passed by the California legislature. The big question was whether the Governor would sign or veto these bills. As of this week, the results are in. California officially has fourteen more AI laws on the books. Three others didn’t make the cut. […]
by Zachary Barlow
October 5, 2026
AI developers are facing a slew of copyright infringement lawsuits. These suits allege that the development and use of AI models can infringe on intellectual property in several ways. This alleged infringement primarily occurs in two scenarios: When AI is trained on copyrighted material; and When AI outputs contain copyrighted material. Many AI companies have […]
by John Jenkins
October 1, 2026
I thought this Forrester blog was pretty interesting. It discusses how recent legislative initiatives in California and elsewhere have increased the importance of proper validation of claims made about AI systems, and how this in turn is likely to drive the development of a third-party AI assurance industry. Here’s an excerpt: California is not alone […]
by John Jenkins
September 30, 2026
Gunderson Dettmer recently published this client alert addressing the current state of attorney-client and attorney work product privilege protection for information shared with AI tools. The alert addresses recent court decisions implicating AI-related privilege issues and offers some practical guidance for companies seeking to ensure that attorney-client or work product privileges are not inadvertently lost […]
by John Jenkins
September 29, 2026
With the AI regulatory and risk management environment evolving so rapidly, it is very difficult to articulate a comprehensive approach to AI governance – but that’s something that lawyers are trained to do. As this Jackson Walker blog points out, that kind of mindset sets organizations up for a “perfection trap,” where they are unable […]
by John Jenkins
September 28, 2026
While almost every company is using AI in some way, this Goodwin memo says that few are doing what’s necessary to govern it effectively. In particular, the memo notes that research shows that only 38% of businesses enterprises have instituted comprehensive policies defining acceptable AI use, and only 6% have instituted a policy governing AI […]