AI Counsel Blog Posts
AI Disclosure: New York’s Synthetic Performer Disclosure Law
by John Jenkins
June 25, 2026
If you’re thinking about using the lovely, charming, and completely digitally generated actress Tilly Norwood in your upcoming advertising campaign, you better pay attention to New York’s new synthetic performer disclosure statute. This excerpt from a McDermott Will Schulte memo provides an overview of the statute: New York has enacted a new law requiring disclosures […]
Cybersecurity: Mitigating the Risks of Business Email Compromise Attacks
by John Jenkins
June 24, 2026
Business email compromise (BEC) attacks are a big and growing problem – in 2024 alone, BEC attacks accounted for 73% of all cyber incidents. This recent Debevoise blog highlights some of the common forms these attacks take, including senior executive fraud, vendor payment redirection, M&A transaction interception, and payroll and benefits diversion. It also discusses […]
GSA Proposes New AI Contract Clause
by John Jenkins
June 23, 2026
The General Services Administration has issued a proposed contract clause addressing the standards that contractors must comply with when using LLMs in their dealings with the federal government. This excerpt from a Crowell & Moring memo summarizes the proposed regulation: The General Services Administration (GSA) is seeking public comment on a new GSA Regulation clause, […]
Agentic AI: Don’t Treat Agents Like Employees
by John Jenkins
June 22, 2026
As companies increasingly look to accelerate AI adoption, some corporate leaders have stopped treating AI as a tool, and have instead started to treat AI agents as employees, with their own names, titles, and places on the on the org chart. Some have gone so far as to refer to agents as “teammates.” Yeah, that’s […]
Microsoft Faces Shareholder Suit Over Handling of AI
by Zachary Barlow
June 18, 2026
A Microsoft shareholder filed a class action lawsuit against the company last Friday. In it, the plaintiff alleges that Microsoft misled investors by overstating the financial viability of Copilot, while failing to disclose material risks. A recent memo in The D&O Diary summarizes the allegations set forth in the complaint: “The complaint alleges that during […]
EU Guidance Further Defines “High-Risk” AI Systems
by Zachary Barlow
June 17, 2026
The EU’s AI Act is an expansive piece of legislation. Serving as the EU’s AI omnibus law, the AI Act saves its most burdensome compliance obligations for “high-risk” AI systems. Last month, the European Commission issued draft guidelines on the “high-risk” classification, providing concrete examples of high-risk systems. These high-risk systems break down into two […]
AI Privilege Issues Get More Complex as New Courts Weigh in
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 […]
What is the “Great American AI Act?” and How Will it Impact Companies?
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 […]
Cybersecurity: Insurers Closely Scrutinize Cyber Breach Claims
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, […]
AI Governance: What General Counsels Should be Thinking About
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 […]