AI Counsel Blog Posts
Considerations for AI SaaS Agreements
by Zachary Barlow
January 15, 2026
Many firms are integrating AI by working with outside vendors. Oftentimes, these deals are structured as Software as a Service (SaaS) agreements. This usually looks like a firm paying a monthly fee to a vendor for access to that vendor’s AI systems. While these agreements may seem straightforward, individual needs and scale can quickly complicate […]
How to Spot “AI Workslop”
by Zachary Barlow
January 14, 2026
I’ve written before about the risks AI “workslop” poses to companies. This term refers to AI-generated content that is facially passable as work product, but deeply lacking in substance and accuracy. It can be challenging to combat workslop and often managers are the first line of defense as they are tasked with reviewing junior-level employees’ […]
New York to Regulate “Frontier AI” with RAISE Act
by Zachary Barlow
January 13, 2026
New York has a new AI law coming into effect this year. On December 19, the Governor of New York signed the Responsible AI Safety and Education (RAISE) Act. This law regulates large AI developers creating and deploying “frontier models” in whole or in part in the state of New York. These developers will be […]
Notetaking or Eavesdropping? Fireflies.AI Gets Hit with Class Action
by Zachary Barlow
January 12, 2026
A new class action lawsuit was filed in Illinois against Fireflies.AI Corp. Fireflies is an AI program that users can add to virtual meetings. The app generates automatic meeting summaries based on recordings. Similar to the Otter.ai case, Plaintiffs argue that the program violates Illinois’ Biometric Information Privacy Act (BIPA) because they allege it creates […]
AI Risk Management: Key Considerations When Developing an AI Policy
by John Jenkins
January 8, 2026
Companies implementing AI tools need a targeted AI policy that provides clear but flexible guardrails that can be incorporated into firm-wide training programs while also allowing companies to pivot quickly to address rapid technological change. This Arent Fox Schiff blog offers some insights into the key things to consider when developing such a policy. This […]
Regulatory Enforcement: What’s on the Agenda for 2026?
by John Jenkins
January 7, 2026
Dechert recently issued some predictions about key cyber, AI and privacy legal developments that might play out over the course of 2026. Here’s some of what they had to say about regulatory enforcement priorities in the upcoming year: – We’ll see U.S. regulatory enforcement increase at the state level with multi-state investigations and/or one-off AG […]
AI Risk Management: NIST Publishes Draft Cyber AI Profile
by John Jenkins
January 6, 2026
NIST recently published a preliminary draft of its Cybersecurity Framework Profile for Artificial Intelligence, which is intended to provide guidelines for managing cybersecurity risk related to AI systems and identify opportunities for using AI to enhance cybersecurity capabilities. Here’s the intro to this Covington blog on the draft profile: On December 16, 2025, the U.S. […]
AI Regulation: Senate Bill Would Provide One Federal Law to Rule Them All
by John Jenkins
January 5, 2026
Last month, Sen. Marsha Blackburn (R-Tenn.) announced that she would introduce legislation in the Senate to establish the kind of minimally burdensome national standard for regulating AI called for in President Trump’s executive order preempting certain state AI laws. According to Sen. Blackburn, the legislation, which she is calling The Republic Unifying Meritocratic Performance Advancing Machine […]
Agentic AI: What CIOs & CISOs Need to Know About Agents’ Vulnerabilities
by John Jenkins
December 23, 2025
Boston Consulting Group recently issued a report discussing the unique risks posted by Agentic AI tools and provides insights on what companies must do to build a risk framework specifically tailored to address the unique cyber vulnerabilities posed by Agentic AI. That starts with the CIO & CISO understanding the nature of those risks, which […]
AI Risk Management: Four Critical Ethical Challenges
by John Jenkins
December 22, 2025
This WTW article identifies four critical ethical challenges that companies should consider when assessing their AI governance practices. This excerpt addresses privacy compliance and the hidden risks of personalization: If you use AI to personalize services based on customer behavior and financial history, you could be using sensitive personal data, which can introduce significant privacy […]