AI Counsel Blog Posts
Cybersecurity: Protecting Against Nation-State Cyber Attacks
by John Jenkins
November 12, 2026
Last month’s heist of $6 billion in crypto from Binance by North Korean hackers highlights the ever-growing risks associated with nation-state cyber attacks. This Harvard Governance Blog post by Martin Lipton and his Wachtell colleagues says that this is an issue that merits significant attention from public company boards, and makes some specific recommendations about […]
9th Cir. Strikes Down Portions of California Climate Disclosure Laws
by John Jenkins
November 10, 2026
Yesterday, the 9th Circuit issued its long-awaited decision on challenges to California’s climate disclosure requirements under SB 251 and 253. To make a long story short, SB 261’s climate-related financial risk and SB 253’s Scope 3 GHG disclosure requirements didn’t pass muster, but the Court upheld SB 253’s Scope 1 and Scope 2 reporting requirements. […]
AI Governance: Managing Autonomous Contracting Risks
by John Jenkins
November 9, 2026
We now live in a brave new world where AI agents can negotiate, finalize and execute a contract without any human intervention. That may be great from a convenience perspective, but the potential downsides are enough to make you lose a lot of sleep. This Debevoise blog addresses the risks associated with AI agents’ ability […]
How Midterm Results Impact AI Regulation
by Zachary Barlow
November 5, 2026
Midterm elections this week resulted in major wins for Democrats, positioning the party to take control of the House and Senate. Additionally, the party picked up multiple statewide positions, including a net positive of five Governors’ offices and five Attorneys General positions. How will these midterm results impact AI? A recent Mintz memo outlines Democrats’ […]
Chatbot Logs Increasingly Used as Evidence
by Zachary Barlow
November 4, 2026
In law school, I had a professor who gave a great piece of advice: before writing something down, imagine a lawyer reading it back to you on the witness stand. That thought experiment has made my written communications clearer, more specific, and more reserved. New litigation trends suggest you may want to take this advice […]
Colorado Continues to Iron Out Rules for ADMT Systems
by Zachary Barlow
November 3, 2026
Colorado’s new AI rules have been through a long procedural process. Colorado passed an AI law in 2024, which faced unpopularity and an injunction. The legislature then reworked and replaced it with a new legal structure consisting of several AI laws. These include the Automated Decision-Making Technology Act (ADMT Act) and the Chatbot Safety Act […]
Wearable Tech Raising Privacy Concerns for Companies
by Zachary Barlow
November 2, 2026
Wearable smart technology largely started with watches. These devices grew popular quickly as consumers (myself included) proved we were willing to pay for the convenience of not having to reach into our pockets to access our smartphones. However, as the wearable tech market expands, new devices are raising privacy concerns. Glasses and headsets are the […]
When Lawyers Expand Beyond Law Practice and Become Cybersecurity and AI Advisers: The Professional Liability Insurance Trap
by John Jenkins
October 30, 2026
By Yan Ross JD, Editor-in-Chief, Cyber Defense Magazine NOTE: The author is writing in his individual capacity only, and does not intend this blog to constitute legal advice or a legal opinion. Some research on the topic employed artificial intelligence resources, but the work product is the author’s alone. This manuscript is the […]
Cybersecurity: Attacks on Healthcare Sector Reach New High
by John Jenkins
October 29, 2026
According to Comparitech’s Q3 Healthcare Ransomware Roundup, the healthcare sector remains a prime – and growing – target for ransomware attacks. This excerpt lays out the details: In Q3 2026, ransomware attacks on the healthcare sector reached a new high with an average of 3.33 attacks per day. Attacks rose by 40 percent when compared […]
AI Risk Management: Microsoft’s Zero-Trust Governance Approach
by John Jenkins
October 28, 2026
This Technology Magazine article highlights Microsoft’s advocacy of a zero-trust approach to AI governance, which treats super-intelligent frontier models with the same caution historically reserved for internal users. The article says that Microsoft’s move signals a “decisive pivot” in hyperscalers’ approach to balancing the potential of enterprise AI against its operational risks. This excerpt from […]