AI Counsel Blog Posts
California Passes Slate of Data Center Laws
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: […]
Managers Rehiring Workers After AI-Driven Layoffs
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 […]
California Governor Signs 14 AI Laws, Vetoes 3 Others
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. […]
Third Circuit Rules Against ROSS Intelligence’s AI Training
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 […]
AI Risk Management: The Emerging AI Assurance Industry
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 […]
AI Privilege Issues: Practical Guidance
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 […]
AI Governance: Beware the Perfection Trap
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 […]
AI Risk Management: Comprehensive AI Use Policies are a “Must Have”
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 […]
How California’s SB 574 Impacts Lawyers Using AI
by Zachary Barlow
September 24, 2026
A couple of weeks ago, I wrote about a suite of legislative activity in California that introduces new AI rules and regulations. One of these bills, SB 574, pertains to lawyers using AI specifically. The bill introduces several new restrictions on generative AI use by lawyers, but the most interesting is its ban on delegating […]
Ninth Circuit Issues Decision in Major DMCA AI Case
by Zachary Barlow
September 23, 2026
Plaintiffs who believe their work is improperly used in AI training are testing various legal theories against AI companies. The Ninth Circuit Court of Appeals recently heard one such case, after the trial court dismissed some of the plaintiffs’ claims. In this case, plaintiffs attempted to bring claims under the Digital Millennium Copyright Act (DMCA). […]