AI Counsel Blog Posts
AI Executive Order Promotes Cybersecurity in Public/Private Sector
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: […]
FTC Settles AI Washing Case for $930,000
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. […]
California Judge Rules CIPA Witetap Law Doesn’t Apply to Websites
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 […]
SEC Cybersecurity Reporting Requirements and Director Oversight Responsibilitie
by John Jenkins
May 29, 2026
By Guest Blogger Yan Ross JD, Editor-in-Chief, Cyber Defense Magazine This month, we examine evolving SEC reporting obligations triggered by cyber incidents, including the cybersecurity industry’s increasing emphasis on early breach detection and rapid remediation. In an era of readily accessible artificial intelligence tools available to malicious actors, these issues represent a critical concern […]
AI Regulation: Does AI Need a Bank Examiner?
by John Jenkins
May 28, 2026
In an opinion piece published in The Wall Street Journal last week, two Wharton profs argue that when it comes to AI regulation, the government should look to its experience with bank regulation as a guide: Frontier AI labs aren’t banks, but they’re structurally similar. A few private companies are making fast-moving, technically complex decisions […]
California Executive Order Targets AI Workforce Disruption
by John Jenkins
May 27, 2026
Last Thursday, California Governor Gavin Newsom issued an executive order intended to help prepare workers and small businesses to deal with the potential disruptions associated with AI. The order directs state agencies “to build a framework for responding to potential workforce disruption and ensuring workers are not left behind as AI adoption accelerates.” This excerpt […]
AI Risk Management Guide
by John Jenkins
May 26, 2026
The Gen AI & ML Training Institute has posted this AI Risk Management Guide, which provides an overview of issues that need to be addressed by risk managers dealing with the challenges presented by artificial intelligence. This excerpt discusses strategic risk mitigation actions: Mitigating AI risk requires a blend of technical safeguards and human processes […]
Major Publishers Sue Meta Over AI Copyright Infringement
by Zachary Barlow
May 21, 2026
Five major publishers filed a lawsuit earlier this month against the technology company Meta and its CEO, Mark Zuckerberg, individually. The case builds on previous copyright litigation and alleges that Meta violated multiple copyrights when training its llama AI models. Central to the case are allegations that Meta knowingly pirated large amounts of copyrighted materials […]
Are Trade Secrets the Future of AI IP Protection?
by Zachary Barlow
May 20, 2026
We’ve previously written about the challenges that AI systems and AI outputs face in Intellectual property law. Patent and trademark protections aren’t always robust when protecting AI. The US Patent and Trademark Office (USPTO) is working to make patenting AI systems easier. However, the US Copyright Office and various courts take the position that AI […]
EU Reaches Political Agreement on AI Omnibus
by Zachary Barlow
May 19, 2026
The EU’s AI Act was a groundbreaking regulatory framework when it was adopted in February 2024. Over the past two years, a lot has changed in the AI space and in EU politics. The European Commission moved to advance a “digital omnibus” in December 2025 to simplify and rework technology regulations, including the EU AI […]