AI Counsel Blog Posts
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 […]
AI Adoption Requires Solid Compliance Teams
by Zachary Barlow
September 15, 2025
AI has the potential to help you streamline workflows and provide employees with valuable tools. However, there is also a litany of risks. Managing those risks often falls to compliance and risk teams, who play a major role in ensuring AI adoption grants the maximum benefits with minimal drawbacks. A recent Debevoise & Plimpton memo […]
Risk Management: What If the AI Bubble Bursts?
by John Jenkins
September 11, 2025
Over the past few years, there’s been an insatiable investor demand for any stock related to AI. Recently, however, some respected analysts are starting to warn that the road ahead is likely to be choppier, with investors insisting on clear evidence of earnings gains associated with AI in order to sustain the sector’s lofty valuations. That […]
AI Intellectual Property: Patenting AI Software May Become Easier
by John Jenkins
September 10, 2025
I recently blogged about some of the challenges companies face in obtaining patent protection for AI tools. However, this MoFo Tech Blog post says that a recent internal USPTO memo suggests that obtaining patent protection for AI-related software may become easier. Here’s the intro: The USPTO has issued an internal memorandum that may make it […]