AI Counsel Blog Posts
Companies Urge EU to Pause AI Act
by Zachary Barlow
July 10, 2025
The EU AI Act is a first-of-its-kind AI regulatory framework. Passed in March 2024, the act regulates how AI developers can develop and deploy AI models across the EU. While some provisions of the act have already gone into effect, others are set to phase in this August. However, the European business community is urging […]
DOJ Data Export Control Rule Enforcement Effective Today
by Zachary Barlow
July 9, 2025
The Department of Justice’s new data export control rule introduces restrictions on data transfers to certain countries and persons. The rule originally went into effect on April 8, followed shortly by an enforcement pause for those engaging in “good faith efforts” to comply. That pause is over as of today, July 9, and now the […]
State AI Regulation Ban Dropped From Federal Budget Bill
by Zachary Barlow
July 8, 2025
Last month, I wrote about the House’s proposed state AI regulation ban in their draft of the budget reconciliation bill. The ban, designed to prohibit states from regulating AI for ten years, failed to make the final cut of the bill. This came after several rounds of negotiations sought to make the ban more palatable […]
Mitigating the Risks of “Agentic Misalignment”
by Zachary Barlow
July 7, 2025
Anthropic, an AI developer known for its “Claude” model, has recently issued a new report on Agentic misalignment. The results indicate that, to borrow John’s turn of phrase, we’ve got a real “Hal 9000 problem” on our hands. The report details an experiment where researchers gave AI instructions to “promote American industrial competitiveness.” Then they […]
Cybersecurity: New Hires are Your Weakest Link
by John Jenkins
July 3, 2025
This Robinson Cole blog cites a recent study that says new hires are your company’s weakest link when it comes to avoiding phishing schemes: When assessing cybersecurity risk in your organization, it is important to understand your users and their behavior. A new study by Keepnet sheds light on new hire behavior concerning phishing susceptibility. According to […]
Survey: Legal Profession Has a Long Way to Go on AI Data Protection
by John Jenkins
July 2, 2025
Security software provider Kiteworks recently released the findings from its 2025 AI Data Security and Compliance Risk Survey, which included responses from 461 cybersecurity, IT, compliance, and legal professionals. The survey found that the legal profession has a long way to go to get its AI data protection house in order. While 31% of legal […]
Gen AI Development: Overcoming Common Pitfalls
by John Jenkins
July 1, 2025
A recent McKinsey article says that the firm’s experience working with more than 150 firms in developing AI programs in the past few years has revealed two common problems that almost always surface: – Failure to innovate: Process constraints, lack of focus, and cycles of rework that quash innovation. Teams that could be solving valuable problems […]
AI & Copyright: Federal Judges Address “Fair Use” Issue
by John Jenkins
June 30, 2025
Last week, California federal district court judges issued two opinions addressing the critical issue of whether the use of copyrighted materials to train AI models constituted a “fair use” of those materials. This intro to Sullivan & Cromwell’s memo on the decisions summarizes the judges’ rulings: On June 23, 2025, the U.S. District Court for […]
AI Call-Monitoring Poses More Legal Risks
by Zachary Barlow
June 26, 2025
Previously, I wrote about Gladstone v. Amazon Web Servs. and Turner v. Nuance Commc’ns, two pending cases challenging the ability of third parties to use AI to evaluate consumer calls. Now, another California case joins the list. Galanter v. Cresta Intelligence is a new class action filed earlier this month in California. The Plaintiff in Galanter […]
States Move to Regulate AI in Financial Services
by Zachary Barlow
June 25, 2025
The financial services industry increasingly uses AI in its operations, including utilizing AI to assist in core decision-making and essential functions. This has raised concern among lawmakers who are seeking to regulate the sector’s use of AI and mitigate potential risks to customers and the industry. While federal efforts to promulgate regulations have fizzled out, […]