AI Counsel Blog Posts
Fifth Circuit Weighs in on AI Misconduct
by Zachary Barlow
March 9, 2026
The Fifth Circuit Court of Appeals recently sanctioned an attorney for inaccuracies in AI-generated filings. Issuing a written opinion on the sanctions, the Court clarified that the rules of civil procedure apply equally to AI-generated work. Submitting false information to the court is punishable, whether that information was generated by a human or AI. The […]
AI Insurance: Understanding the Gaps in “Silent Coverage”
by John Jenkins
March 5, 2026
One consequence of the explosive growth in the usage of AI tools is that insurance policies haven’t caught up, which means that the potential source of insurance coverage for AI-related liabilities will be a company’s existing liability insurance policies. This WTW article says that this “silent coverage” may be coming to an end, but in […]
AI Governance: The Politics of Guardrails
by John Jenkins
March 4, 2026
The ongoing dispute between the Department of Defense and Anthropic over the military’s desire to use its Claude LLM in ways that the company finds unacceptable illustrates an uncomfortable truth about AI governance – CIOs may find themselves facing significant outside pressure when it comes to the guardrails they and their companies want to set […]
AI Implementation: Lessons from 2025’s Experience
by John Jenkins
March 3, 2026
A recent Supply Chain Management Review article takes a look at what pundits got right – and wrong -about AI use in supply chains during 2025, and draws upon the lessons learned to make the following assessments about what companies need to do in order to ensure the success of their own AI initiatives during […]
AI Governance: 10 Best Practices for 2026
by John Jenkins
March 2, 2026
This Luminova blog offers up the following list of 10 AI governance best practices for 2026: 1. Establish a Cross-Functional AI Governance Committee 2. Define Clear AI Use Case Approval and Risk Classification Workflows 3. Align Governance with Global Regulations (EU AI Act, U.S. Executive Orders) 4. Maintain a Centralized AI System and Policy Repository […]
Colorado AI Act Set to Enter Force This Summer
by Zachary Barlow
February 26, 2026
In 2024, Colorado passed a landmark AI law. However, the governor and legislature got cold feet. Fearing the impacts on business and AI innovation, the law was put on hold until June 30, 2026. This delay was intended to allow time for revisions and amendments to ease burdens on AI companies. In the time since, […]
Planning for Agentic AI Deployment
by Zachary Barlow
February 25, 2026
We’ve written a lot about the risks posed by agentic AI systems. Earlier this month, I also discussed some tips for managing those risks. Though if you’re considering deploying an agentic AI, effective risk mitigation largely depends on upfront planning. Understanding the scope of the AI’s autonomy and having a backup plan in case it […]
Should You Disclose AI Use?
by Zachary Barlow
February 24, 2026
We’ve written before about the importance of maintaining robust AI policies. One AI policy that should be considered is the disclosure of AI use, both internally and externally. A recent Debevoise & Plimpton memo makes the case these disclosures: “Based on our experience representing over 100 companies with their AI adoption over the last year, […]
Preserving Privilege When Using AI
by Zachary Barlow
February 23, 2026
Last week, John wrote about a groundbreaking case out of New York. In it, a judge ruled that AI-generated documents shared between a defendant and his lawyer were not subject to attorney-client privilege. Does this mean that any AI use in legal work voids privilege? Not necessarily. A recent McDermott memo discusses the nuances of […]
Cybersecurity: Your Multi-Factor Authentication May Not Save You
by John Jenkins
February 19, 2026
Here’s some scary news from Robinson + Cole regarding one of the latest innovations in cyber-attacks: Security professionals rely on the implementation of multifactor authentication (MFA) to defend against phishing attacks and intrusions. Unfortunately, we can’t completely rely on MFA to protect us as threat actors (more specifically, ShinyHunters) are now targeting companies in technology, financial services, […]