AI Counsel Blog Posts
The UK Regulates Automated Decision Making
by Zachary Barlow
November 20, 2025
Automated decision-making (ADM) has faced scrutiny in jurisdictions leading the charge on AI regulation. The EU’s GPAI regulations virtually ban ADM. California’s CPPA has heavily regulated ADM and disallowed it in certain contexts. In new amendments to its Data Use and Access Act (DUAA) the UK is tackling ADM in its own way. Under these […]
How to Measure “AI Literacy”
by Zachary Barlow
November 19, 2025
AI literacy is becoming a major consideration in employment. More employers are seeking candidates who understand AI and can use it effectively. However, just because a person uses AI frequently, that doesn’t necessarily mean they have high AI literacy. Like any other skillset, AI literacy is about knowing which tool to use for the task […]
Navigating Contractual Limits in Data Sets
by Zachary Barlow
November 18, 2025
Data collection and analytics have grown exponentially since the advent of the internet. As AI tools become more effective, quality datasets are driving value like never before. However, many non-public datasets may be bound by contractual provisions that prevent them from being analyzed by AI systems. A recent Debevoise & Plimpton memo discusses the challenge […]
What Drives “Shadow AI?”
by Zachary Barlow
November 17, 2025
Last week, John wrote about “shadow AI.” Shadow AI refers to the use of AI within an organization that does not align with that organization’s AI policies. This can include the use of unauthorized AI tools or the use of vetted tools in an unauthorized fashion. Shadow AI is on the rise, and as John […]
Data Privacy: NYAG Sanctions Accounting Firm for Data Breaches
by John Jenkins
November 13, 2025
Last month, the NYAG announced a settlement with a public accounting firm arising out of the firm’s alleged failure to adequately safeguard its clients’ information in connection with two cybersecurity incidents that cumulatively exposed the private information of over 6,000 persons. This excerpt from the AG’s press release summarizes the factual basis for its allegations: […]
Shadow AI: Why Is the Use of Unauthorized AI Tools Surging?
by John Jenkins
November 12, 2025
We’ve previously blogged about the problems associated with the surge in employee use of “Shadow AI”. This excerpt from a recent CIO.com article goes farther, and discusses some of the reasons why Shadow AI usage is growing so fast: The rapid rise of shadow AI reflects not rebellion but accessibility. A decade ago, deploying new […]
Risk Management: Tech & Cyber Risk Top List for Banks
by John Jenkins
November 10, 2025
According to a recent survey of bank chief risk officers, technology & cyber risks are their top areas of concern. The survey was conducted by ProSight & Oliver Wyman, and includes responses from Global Systemically Important Banks, B, super-regional, regional, and mid-tier banks. Here’s what the the respondents had to say about the tech & […]
UK Court Rules AI Models Trained on Copyrighted Works Don’t Constitute Infringement
by Zachary Barlow
November 6, 2025
Here in the US, there is a continuing battle in the courts over how copyright law applies to generative AI. There are serious questions around whether AI training or outputs violate copyright law. AI firm Anthropic has already settled a major copyright case for $1.5 billion. Which was just one of several copyright cases pending […]
Avoiding The Risks of “AI Workslop”
by Zachary Barlow
November 5, 2025
The latest vernacular in AI is the new term “workslop.” This term refers to AI-generated content that is facially passable as work product, but deeply lacking in substance and accuracy. It’s a problem that is slowing down AI efficiency gains, as co-workers and management must expend time and effort to correct workslop, often erasing the […]
AI Budgets Soar, Other Tech Gets Left Behind
by Zachary Barlow
November 4, 2025
As AI continues to grow and integrate into companies, AI budgets are on the rise. According to new research from Deloitte, AI spending is up, as are digital budgets on the whole: “This year’s findings show that while respondents have increased their overall digital investment budgets, they are becoming more selective about where those dollars […]