AI Counsel Blog Posts
Cybersecurity: Communicating Effectively with Your Board
by John Jenkins
May 5, 2025
Communicating with boards of directors on cybersecurity issues presents several challenges, not the least of which is the fact that only 5% of company boards have a cybersecurity expert on them. But perhaps the biggest challenge is sorting out the signal from the noise – i.e., determining what information boards need to hear about cybersecurity […]
Could Executives Face Liability from Employee AI Use?
by Zachary Barlow
May 1, 2025
We’ve written before about AI copyright lawsuits and are following how those play out in court. This class of case, brought by copyright holders, alleges copyright infringement by AI developers who feed copyrighted work into an AI’s training data without permission. However, in the future, could we even see end users of generative AI sued […]
How Does AI Impact Your Insurance Coverage?
by Zachary Barlow
April 30, 2025
As AI begins impacting our daily lives and business operations, problems inevitably arise, resulting in legally actionable harms. When they do, an important question arises: Does my insurance policy cover this? That answer may vary as insurers carve out AI-related exclusions and offer new AI-related products. A recent memo from Stoel Rives dives deep into […]
JP Morgan Letter Urges Software Providers to Pump the Brakes
by Zachary Barlow
April 29, 2025
Rapid technological development comes with plenty of opportunities for software to disrupt and revolutionize industries. However, it also comes with serious risks when the development of new products comes at the expense of proper security features and testing. JP Morgan Chase recently published an open letter to its third-party software providers urging them to slow […]
Questions for GCs to Ask about AI
by Zachary Barlow
April 28, 2025
AI can help us be more efficient, but it can also be a Pandora’s box of unforeseen legal risks. These often fall to the organization’s General Counsel (GC) to manage. However, thinking of and planning for every possible contingency is no easy task. Weil has recently created a list of 25 Key Questions that General […]
Automated Hiring Tools: Are Yours Subject to AI Regulation?
by John Jenkins
April 24, 2025
Automated technologies are playing an increasing role in the hiring process at many companies, but as this Orrick memo points out, there comes a point where the amount of AI used in hiring tools may subject them to regulation. When do those automated hiring tools cross the line? This excerpt provides some insights: Lawmakers around […]
DOJ Issues Guidance on Data Export Control Rule
by John Jenkins
April 23, 2025
The DOJ recently issued implementation and enforcement guidance on its data export control rule, which became effective on April 8, 2025. This WilmerHale memo summarizes that guidance. Here’s the intro: On April 8, the Department of Justice’s (“DOJ’s”) final rule on Preventing Access to US Sensitive Personal Data and Government-Related Data by Countries of Concern […]
Cybersecurity: Addressing the Risks of SaaS Solutions
by John Jenkins
April 22, 2025
Organizations are increasingly turning to cloud-based “software as a service” (SaaS) solutions to handle and store proprietary information and other sensitive business data. However, a recent Risk Management Magazine article says that although companies are investing billions of dollars in SaaS solutions, their investment in the security of these systems has lagged. Many users assume […]
The “BYOAI” Problem: Secret Employee Use of AI Tools
by John Jenkins
April 21, 2025
Some companies have responded to the risks associated with ChatGPT and similar AI tools by forbidding their employees from using them. Unfortunately for these digital age King Canutes, that’s unlikely to be a successful approach. A recent Pymnts.com article observes that banning these tools is neither practical nor effective, because employees will simply develop workarounds to […]
Microsoft to Scale Back Data Center Development
by Zachary Barlow
April 17, 2025
Earlier this week I blogged about corporate ambitions to scale up AI integration. However, economic headwinds might make that more difficult than anticipated. Recently, AI frontrunner and tech giant Microsoft announced that it is pausing or delaying the development of a number of data center projects. CFO Dive reported on this quoting Microsoft’s president of […]