AI Counsel Blog Posts
FTC Continues to Enforce Privacy Laws
by Zachary Barlow
September 16, 2025
Much of the federal government may be in “deregulatory” mode under the current administration, but the FTC isn’t. The agency has shown a commitment to the continued enforcement of privacy laws. A recent Fox Rothschild memo explores key takeaways from recent FTC enforcement actions: “The FTC under Andrew Ferguson will continue to enforce privacy violations […]
AI Adoption Requires Solid Compliance Teams
by Zachary Barlow
September 15, 2025
AI has the potential to help you streamline workflows and provide employees with valuable tools. However, there is also a litany of risks. Managing those risks often falls to compliance and risk teams, who play a major role in ensuring AI adoption grants the maximum benefits with minimal drawbacks. A recent Debevoise & Plimpton memo […]
Risk Management: What If the AI Bubble Bursts?
by John Jenkins
September 11, 2025
Over the past few years, there’s been an insatiable investor demand for any stock related to AI. Recently, however, some respected analysts are starting to warn that the road ahead is likely to be choppier, with investors insisting on clear evidence of earnings gains associated with AI in order to sustain the sector’s lofty valuations. That […]
AI Intellectual Property: Patenting AI Software May Become Easier
by John Jenkins
September 10, 2025
I recently blogged about some of the challenges companies face in obtaining patent protection for AI tools. However, this MoFo Tech Blog post says that a recent internal USPTO memo suggests that obtaining patent protection for AI-related software may become easier. Here’s the intro: The USPTO has issued an internal memorandum that may make it […]
State Privacy & AI Laws: Key Compliance Dates
by John Jenkins
September 9, 2025
With states constantly adding new laws and regulations addressing AI and data privacy, my guess is that many of our readers will find Troutman Pepper Locke’s new chart of key dates for state privacy and AI laws through 2030 to be a helpful resource. Here’s an excerpt from the blog introducing the chart: Key point: […]
Cybersecurity: What You Don’t Know Can Hurt You
by John Jenkins
September 8, 2025
Kiteworks recently released its 2025 Data Security and Compliance Risk: Annual Survey Report, which reports the results of its survey of 461 organizations throughout the world. The report highlights how visibility gaps and ungoverned AI are combining to substantially increase enterprise risk. Although the report notes that some organizations have embraced automation, privacy enhancing technologies […]
Cybersecurity Audit Requirements Coming to California
by Zachary Barlow
September 4, 2025
The new California Privacy Protection Agency (CPPA) rules promulgated in July introduce a variety of new AI and cyber requirements. One of the major new provisions requires companies to conduct annual cybersecurity audits. This requirement will only apply to certain companies that sell, share, or process personal or sensitive data. For those required to conduct […]
Otter.ai Faces Class Action Over Privacy Concerns
by Zachary Barlow
September 3, 2025
Yesterday, I wrote about Bartz v. Anthropic, a copyright infringement class action that recently reached a settlement. However, copyright claims aren’t the only thing driving class actions against AI companies. Another example is Brewer v. Otter.ai. Recently filed in California, this case is a class action alleging violations of consumer privacy laws. Otter.ai is an […]
Anthropic Settles Major Copyright Class Action
by Zachary Barlow
September 2, 2025
We’ve been keeping up with Bartz v. Anthropic, the ongoing litigation against Anthropic in California. The case has already had major implications for what constitutes “fair use” in AI training, and now it may be setting another precedent. Rather than face trial over alleged copyright infringement, Anthropic has decided it’s better off settling the case. […]
AI Risk Management: Tackling the “Shadow AI” Problem
by John Jenkins
August 28, 2025
A recent Jones Walker blog summarizing the results of IBM’s latest Cost of a Data Breach Report commented on the report’s findings concerning the growing problem of “shadow AI”: The report documents “shadow AI” — AI tools that employees use without organizational knowledge or approval. One in five organizations reported a breach due to security […]