AI Counsel Blog Posts
California Governor Signs 14 AI Laws, Vetoes 3 Others
by Zachary Barlow
October 6, 2026
A couple of weeks ago, I wrote about a slate of AI laws passed by the California legislature. The big question was whether the Governor would sign or veto these bills. As of this week, the results are in. California officially has fourteen more AI laws on the books. Three others didn’t make the cut. […]
Third Circuit Rules Against ROSS Intelligence’s AI Training
by Zachary Barlow
October 5, 2026
AI developers are facing a slew of copyright infringement lawsuits. These suits allege that the development and use of AI models can infringe on intellectual property in several ways. This alleged infringement primarily occurs in two scenarios: When AI is trained on copyrighted material; and When AI outputs contain copyrighted material. Many AI companies have […]
AI Risk Management: The Emerging AI Assurance Industry
by John Jenkins
October 1, 2026
I thought this Forrester blog was pretty interesting. It discusses how recent legislative initiatives in California and elsewhere have increased the importance of proper validation of claims made about AI systems, and how this in turn is likely to drive the development of a third-party AI assurance industry. Here’s an excerpt: California is not alone […]
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. […]