AI Counsel Blog Posts
OSTP Issues Request for Information on Laws that Hinder AI
by Zachary Barlow
October 1, 2025
As part of the federal government’s “AI Action Plan,” the White House Office of Science and Technology Policy (OSTP) issued a new Request for Information (RFI). The RFI seeks information on federal laws, regulations, and policies that hinder AI development. A recent memo from Wiley breaks down the five categories of information requested by the […]
Chatbots Provide New Compliance Policy Opportunities
by Zachary Barlow
September 30, 2025
AI is transforming legal and compliance tasks. Companies are experimenting with AI in ways that can provide employees with valuable resources, while reducing the burden on legal and compliance teams. A recent Radical Compliance article discusses a case study where a company built and trained an AI chatbot on its compliance policies. The company then […]
Collaboration is Key for AI Integration
by Zachary Barlow
September 29, 2025
AI is impacting businesses across multiple departments and functions. To effectively implement it, you’ll need a cross-functional team. We’ve previously discussed how seperate siloed approaches to AI can create risks. To avoid these risks and capitalize on AI’s opportunities, collaboration is crucial. A recent Heidrick & Struggles article discusses this, suggesting that technology, HR, and […]
Acquisition Agreements: AI Reps & Warranties
by John Jenkins
September 25, 2025
Here’s something I blogged over on DealLawyers.com earlier this week: The latest edition of Wachtell’s 136-page white paper, “Intellectual Property Issues in M&A Transactions” includes a new chapter devoted to artificial intelligence. Among other things, that chapter discusses AI-related reps and warranties. Although it acknowledges that many AI-related issues may already be addressed by the […]
Cybersecurity: Protecting Privilege in Incident Response Investigations
by John Jenkins
September 24, 2025
This Debevoise blog discusses some of the challenges associated with protecting privilege for communications with incident response (IR) vendors in the course of cyber incident response investigations. The blog says that there’s relatively little case law in this area, although there are some opinions supporting the application of the attorney-client and work product privileges. However, […]
Risk Management: AI Usage in Employer-Sponsored Health Care Plans
by John Jenkins
September 23, 2025
AI tools are becoming ubiquitous in every aspect of business life, including in employer sponsored health care plans. This McDermott Will memo reviews how AI tools are being used in connection with those plans and the legal issues and risks associated with that use. This excerpt zeros in on concerns that the use of AI […]
Cybersecurity: A Blind Spot for Data Centers?
by John Jenkins
September 22, 2025
The AI revolution depends on data centers, and new data centers continue to be built at a breakneck pace, but this FTI Consulting article says that investors in those projects should be aware of a potential data center “blind spot” – the risk of a cyber attack: The most insidious dangers are those that strike […]
California Passes Bill Regulating “Robo-bosses”
by Zachary Barlow
September 18, 2025
California is once again at the forefront of AI regulation. We previously covered new CPPA rules governing automated decision-making systems (ADS). Now, the state has passed a new law on ADS use in employment. The law is SB 7, also known as the “No Robo Bosses Act,” and it will regulate when and how employers […]
How AI Can Raise Antitrust Concerns
by Zachary Barlow
September 17, 2025
One often overlooked area of AI risk is antitrust. Antitrust law strictly prohibits companies from collaborating on things like pricing. So what happens when multiple companies use the same AI algorithms to set their prices? That question is playing out in courtrooms across the country. A recent Greenberg Traurig memo discusses the evolving state of […]
FTC Continues to Enforce Privacy Laws
by Zachary Barlow
September 16, 2025
Much of the federal government may be in “deregulatory” mode under the current administration, but the FTC isn’t. The agency has shown a commitment to the continued enforcement of privacy laws. A recent Fox Rothschild memo explores key takeaways from recent FTC enforcement actions: “The FTC under Andrew Ferguson will continue to enforce privacy violations […]