AI Counsel Blog Posts
Copyright Office Weighs in on AI Training Infringement
by Zachary Barlow
May 29, 2025
The U.S. Copyright Office has published its third Report on Copyright and Artificial Intelligence in the form of a “pre-publication” draft (we wrote about the second report here). Part three focuses on the legal analysis used to determine copyright infringement in AI-related cases. A recent Sidley memo highlights key takeaways, including how an AI model’s […]
Age Discrimination Suit Against Workday Inc. Moves Forward
by Zachary Barlow
May 28, 2025
Previously, I wrote about algorithmic discrimination and the risks of utilizing AI software to make HR decisions. Now Workday Inc., an HR software provider, faces a collective action suit alleging its AI software unlawfully discriminates against older candidates. A recent Holland & Knight memo discusses new developments in the case: “On May 16, 2025, Judge […]
Who Watches the AI Watchmen?
by Zachary Barlow
May 27, 2025
Managing AI risks often turns out to be a very human process. To guard against errors in AI outputs and ensure that systems are functioning as intended, companies often use human oversight as a core part of their risk management practices. A recent Debevoise & Plimpton memo discusses various methods used to oversee and mitigate […]
Cybersecurity: Criminal Use of Generative AI Tools a Growing Threat
by John Jenkins
May 22, 2025
I’ve previously blogged about some of the conclusions in the World Economic Forum’s 2025 Global Cybersecurity Outlook, but I thought it was revisiting the report’s finding that nearly half of global organizations cite malicious use of Gen AI tools as their top cybersecurity concern. This excerpt explains why there’s a good reason for that concern: […]
Data Privacy: Pending State Legislation Addresses “Mental Privacy” Rights
by John Jenkins
May 21, 2025
Devices that, through the use of AI, can literally read your mind have to be near the top of anyone’s list of new tech tools with terrifying implications. A recent Cooley memo says that the privacy risks associated with these brain-reading devices have not been lost on state legislatures, where at least 15 states have […]
AI Risk Management: Lessons From the Cybersecurity Experience
by John Jenkins
May 20, 2025
A recent Debevoise blog says that because of the many similarities between cybersecurity risks and those posed by AI, there is much that AI risk managers can learn from the last decade’s worth of experience in managing cyber risks. This excerpt points out that one thing organizations have learned from the cybersecurity experience is that […]
Cybersecurity: Feds Say Critical Infrastructure Owners Must Up Their Game
by John Jenkins
May 19, 2025
An alphabet soup of federal agencies led by CISA have issued a warning to critical infrastructure owners that they need to improve their security posture against cyberattacks on operational technology (OT) and industrial control systems (ICS). According to a recent CybersecurityDive.com article, the bad guys targeting these systems are “unsophisticated,” but the owners of critical […]
State Privacy Enforcement Ramps Up
by Zachary Barlow
May 15, 2025
As of April, 20 states have adopted comprehensive consumer data privacy laws, with seven more adopting more narrow privacy laws. This legislative patchwork is creating a varied regulatory environment, forcing companies to adapt to multiple data privacy frameworks. For those who don’t comply, enforcement actions are rolling in, and Wiley writes about two new enforcement […]
Lloyd’s of London Offering New Insurance for Chatbot Errors
by Zachary Barlow
May 14, 2025
A popular topic here on TheAICounsel.net is the evolving role of insurance in AI. As the risks associated with AI become more predictable, insurers are developing new AI-focused policies to cover them. The latest to join this trend is Lloyd’s of London, which recently introduced a new product that insures against the legal fees and […]
What Are Stablecoins? And How do they Fit into New Crypto Policy?
by Zachary Barlow
May 13, 2025
If you’re following tech trends in finance, then you’ve probably heard the term “stablecoins” get thrown around. We’ve previously written about the administration’s push to see crypto become more widely adopted in traditional banking, and stablecoins are a major part of that push. What exactly are stablecoins, and how do they differ from conventional cryptocurrency? […]