AI Counsel Blog Posts

Sort By

AI Privilege Issues: Practical Guidance

by John Jenkins

September 30, 2026

Gunderson Dettmer recently published this client alert addressing the current state of attorney-client and attorney work product privilege protection for information shared with AI tools. The alert addresses recent court decisions implicating AI-related privilege issues and offers some practical guidance for companies seeking to ensure that attorney-client or work product privileges are not inadvertently lost […]

AI Governance: Beware the Perfection Trap

by John Jenkins

September 29, 2026

With the AI regulatory and risk management environment evolving so rapidly, it is very difficult to articulate a comprehensive approach to AI governance – but that’s something that lawyers are trained to do.  As this Jackson Walker blog points out, that kind of mindset sets organizations up for a “perfection trap,” where they are unable […]

AI Risk Management: Comprehensive AI Use Policies are a “Must Have”

by John Jenkins

September 28, 2026

While almost every company is using AI in some way, this Goodwin memo says that few are doing what’s necessary to govern it effectively.  In particular, the memo notes that research shows that only 38% of businesses enterprises have instituted comprehensive policies defining acceptable AI use, and only 6% have instituted a policy governing AI […]

How California’s SB 574 Impacts Lawyers Using AI

by Zachary Barlow

September 24, 2026

A couple of weeks ago, I wrote about a suite of legislative activity in California that introduces new AI rules and regulations. One of these bills, SB 574, pertains to lawyers using AI specifically. The bill introduces several new restrictions on generative AI use by lawyers, but the most interesting is its ban on delegating […]

Ninth Circuit Issues Decision in Major DMCA AI Case

by Zachary Barlow

September 23, 2026

Plaintiffs who believe their work is improperly used in AI training are testing various legal theories against AI companies. The Ninth Circuit Court of Appeals recently heard one such case, after the trial court dismissed some of the plaintiffs’ claims. In this case, plaintiffs attempted to bring claims under the Digital Millennium Copyright Act (DMCA). […]

Virginia Governor Issues EO on Data Center Accountability Framework

by Zachary Barlow

September 22, 2026

Last week, the Governor of Virginia signed Executive Order 22 (EO 22). EO 22 establishes new constraints and regulations for data center developments in response to constituent demands. A recent Williams Mullen memo discusses the key requirements under the new data center accountability framework: “EO 22 is the most sweeping executive action on data center […]

AI Transcripts: Sometimes Less is More

by Zachary Barlow

September 21, 2026

Previously, we’ve relied on notetakers to jot down the important gist of our meetings in minutes. We reserved stenographers only for the rarest occasions when completeness and accuracy were vital. However, the growing popularity of AI notetakers and transcription apps is changing this. Now, any meeting organizer can quickly create full transcripts at minimal cost. […]

Tweaking Your Expert Engagement Agreements for the Age of Gen AI

by John Jenkins

September 17, 2026

It isn’t just lawyers and judges who’ve been caught with their pants down due to improper reliance on Gen AI tools.  This Kilpatrick memo says that courts have begun excluding expert testimony and striking expert declarations in cases where the experts in question have used Gen AI without adequate verification or disclosure. The memo offers […]

AI Deployment: The Critical Role of “Interoperability”

by John Jenkins

September 16, 2026

This S&P Global article notes that the success of AI initiatives depends to a great extent on “interoperability” – not merely the capabilities of the AI tool in question, but its ability to access information from across the organization and understand the relationships between systems, workflows and data sets. This excerpt highlights the importance of […]

Cybersecurity: Data Poisoning Attacks

by John Jenkins

September 15, 2026

This Gallagher blog discusses the growing risk of “data poisoning attacks,” in which the bad intentionally introduce faulty or misleading data into the training datasets used to build AI systems. These attacks may include targeted attacks injecting malware or exploiting specific vulnerabilities, backdoor poisoning that affects inferences, and poisoning of training data that alters datasets. […]