AI Counsel Blog Posts
Data Privacy: House Republicans Introduce SECURE Data Act
by John Jenkins
May 12, 2026
Last month, House Republicans introduced the ““Securing and Establishing Consumer Uniform Rights and Enforcement over Data Act”, or the SECURE Data Act. If enacted, the legislation would establish a single national standard that would preempt existing state consumer privacy laws. This excerpt from a MaynardNexsen memo on the bill summarizes its key features: – Consumer […]
Agentic AI: Survey Says Guardrails Lag Behind Scaling Efforts
by John Jenkins
May 11, 2026
According to this Deloitte report, organizations throughout the world are proceeding full speed ahead with development of Agentic AI tools, but most are doing so without having mature governance systems in place: According to a recent Deloitte survey of 3,235 information technology and business leaders from 24 countries across the Americas, Asia Pacific, Europe, and […]
Connecticut Passes AI Omnibus, Set to Enter Force This Year
by Zachary Barlow
May 7, 2026
The Connecticut legislature became the latest to pass AI regulation. Rather than a number of piecemeal regulations, the legislature opted to tackle multiple AI issues in one omnibus bill. The bill regulates AI and social media in a variety of ways including: Regulating automated decision-making technology in employment Creating whistleblower protections for frontier model developers […]
Regulators Move to Restrict Algorithmic Pricing
by Zachary Barlow
May 6, 2026
In the Internet age, data is everything. Data is tracked, collected, and sold regularly. Advertisers often use this data to target demographic groups and conduct market research. However, the lengths to which companies can tailor their products and pricing, using data, are under scrutiny. Algorithmic or “surveillance” pricing is a controversial practice where data is […]
Survey Finds Companies Not Prepared for Agentic AI
by Zachary Barlow
May 5, 2026
Last week, John wrote a blog titled: “Agentic AI: Retailers Have No Idea What’s About to Hit Them.” In it, he explores the risks agentic AI poses to the retail industry. Recent insights from Deloitte suggest that trend may be playing out across the economy at large. Despite big plans to adopt agentic AI workflows, […]
Colorado AI Law Faces Preliminary Injunction
by Zachary Barlow
May 4, 2026
Colorado’s landmark AI law is facing new complications. Previously, I wrote about possible efforts to rewrite the law before the Colorado legislative session ends on May 13th. Now, a federal court issued a preliminary injunction against the state, adding to the uncertainties about the law’s future. This injunction bars the state from bringing enforcement actions […]
State Privacy Laws Create New Corporate Liabilities
by John Jenkins
May 1, 2026
By Guest Blogger Yan Ross JD, Editor-in-Chief, Cyber Defense Magazine Many consumer-related rights and liabilities begin at the State level; the growing trend for States to enact and enforce privacy laws began in California. Privacy failures such as data breaches can also create multi-state litigation exposure. Under the current provisions of the California […]
Agentic AI: Retailers Have No Idea What’s About to Hit Them
by John Jenkins
April 30, 2026
Many retailers offer shoppers their own proprietary AI agents or shopping bots to enhance customer experience. Retailers can control their proprietary agents’ actions and the risks associated with them, but this Sheppard Mullin memo points out that a bunch of third-party AI shopping agents are being deployed, and users are creating agents of their own. […]
Recent Indictment Signals DOJ’s AI Criminal Enforcement Priorities
by John Jenkins
April 29, 2026
Earlier this month, the DOJ announced the indictment of two former executives of iLearning Engines, a artificial intelligence (AI)-driven business automation solutions, for an alleged scheme to defraud investors. This Debevoise blog says that the indictment sends a signal about the DOJ’s AI prosecution priorities: While DOJ’s public statements about the indictment squarely positioned the […]
AI Litigation: Class Action Alleges AI Use in Recruiting Violates FCRA
by John Jenkins
April 28, 2026
This Fox Rothschild blog flags Kistler v. Eightfold AI, a recent class action complaint filed in a California state court. The plaintiffs allege that a recruiting company’s use of a proprietary LLM to score and rank potential job candidates for employers without registering as a consumer reporting agency violated the Fair Credit Reporting Act (FCRA) […]