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Data Privacy: Pending State Legislation Addresses “Mental Privacy” Rights

by John Jenkins

May 21, 2025

Devices that, through the use of AI, can literally read your mind have to be near the top of anyone’s list of new tech tools with terrifying implications.  A recent Cooley memo says that the privacy risks associated with these brain-reading devices have not been lost on state legislatures, where at least 15 states have […]

AI Risk Management: Lessons From the Cybersecurity Experience

by John Jenkins

May 20, 2025

A recent Debevoise blog says that because of the many similarities between cybersecurity risks and those posed by AI, there is much that AI risk managers can learn from the last decade’s worth of experience in managing cyber risks.  This excerpt points out that one thing organizations have learned from the cybersecurity experience is that […]

Cybersecurity: Feds Say Critical Infrastructure Owners Must Up Their Game

by John Jenkins

May 19, 2025

An alphabet soup of federal agencies led by CISA have issued a warning to critical infrastructure owners that they need to improve their security posture against cyberattacks on operational technology (OT) and industrial control systems (ICS).  According to a recent CybersecurityDive.com article, the bad guys targeting these systems are “unsophisticated,” but the owners of critical […]

State Privacy Enforcement Ramps Up

by Zachary Barlow

May 15, 2025

As of April, 20 states have adopted comprehensive consumer data privacy laws, with seven more adopting more narrow privacy laws. This legislative patchwork is creating a varied regulatory environment, forcing companies to adapt to multiple data privacy frameworks. For those who don’t comply, enforcement actions are rolling in, and Wiley writes about two new enforcement […]

Lloyd’s of London Offering New Insurance for Chatbot Errors

by Zachary Barlow

May 14, 2025

A popular topic here on TheAICounsel.net is the evolving role of insurance in AI. As the risks associated with AI become more predictable, insurers are developing new AI-focused policies to cover them. The latest to join this trend is Lloyd’s of London, which recently introduced a new product that insures against the legal fees and […]

What Are Stablecoins? And How do they Fit into New Crypto Policy?

by Zachary Barlow

May 13, 2025

If you’re following tech trends in finance, then you’ve probably heard the term “stablecoins” get thrown around. We’ve previously written about the administration’s push to see crypto become more widely adopted in traditional banking, and stablecoins are a major part of that push. What exactly are stablecoins, and how do they differ from conventional cryptocurrency? […]

Using AI in HR May Expose You to Legal Risk

by Zachary Barlow

May 12, 2025

I’ve written before about the broad legal risks that companies can face from using AI. Companies can face particularly heightened risk when using AI to perform Human Resources (HR) functions. HR is often the final say in hiring, firing, promotion, and compensation. These areas are sensitive to litigation risks because of federal and state antidiscrimination […]

Data Privacy: Addressing The Risks of Third-Party Vendor Data in M&A

by John Jenkins

May 8, 2025

Businesses rely extensively on third-party data service providers for many essential business operations, data processing and technology services.  For companies engaging in M&A transactions, this reliance raises complex privacy threats associated with the integration and transfer of sensitive data controlled by networks of third-party vendors. A recent paper by Esther Arokun of Seattle University School […]

Cybersecurity: Managing Tariff-Related Data Risks

by John Jenkins

May 7, 2025

Companies juggling all of the business implications of the changes in US tariff policy should add managing data risks arising from those tariffs to the list. Here’s what Forrester has to say on that topic: Data risks come in different flavors: risks to data, risks from data, and risks in the data. Assess whether this change […]

Employee Use of AI: “The Call is Coming From Inside the House!”

by John Jenkins

May 6, 2025

I bet Zach got everyone’s attention last week when he blogged about the possibility that executives might be vicariously liable for employee misuse of AI tools.  If that wasn’t enough to cause you to lose sleep over how employees use AI in the workplace, check out this new KPMG study.  Among other things, it says […]