AI Counsel Blog Posts
Agentic AI: “I’m Sorry Dave, I’m Afraid I Can’t Do That”
by John Jenkins
March 12, 2025
“Agentic AI” is probably the most buzzworthy development in the commercialization of AI to date. If you search the internet, you’ll find all sorts of efforts to define this term. Most of these definitions use words like “autonomy” and describe AI agents’ ability to perform complex tasks without human intervention to capture what this concept […]
Data Scraping: Overview of Intellectual Property Issues
by John Jenkins
March 11, 2025
Data scraping involves collecting AI training data from internet websites, and the practice raises a variety of legal issues, not the least of which is compliance with intellectual property laws. For example, scraping copyrighted materials for use in training AI models may involve copyright infringement, and litigation over this issue is increasing globally. A recent OECD […]
Cybersecurity: Revisit Your Procurement Strategies
by John Jenkins
March 10, 2025
A recent Bryan Cave memo discusses actions companies can take to prepare for cybersecurity incidents and to limit their risks. One of those suggested actions involves revisiting company procurement strategies. This excerpt explains: Many data breaches suffered by organizations do not actually happen on their own systems, but on those of their service providers (g., […]
Virginia Passes New Law Regulating “High-Risk” AI
by Zachary Barlow
March 6, 2025
Virginia is poised to join Colorado and become the latest state to regulate high-risk AI systems. Virginia HB 2094 has passed the legislature and awaits the Governor’s signature. If signed into law HB 2094 will impose obligations on AI developers and deployers to limit algorithmic discrimination. In a recent memo, Faegre Drinker gives recommendations to […]
EU Issues Guidance on Banned AI Practices
by Zachary Barlow
March 5, 2025
Last month, we wrote about the EU’s AI Act and its new ban on eight types of AI practices. The EU has since published a guidance document that explores the substance of the ban in greater detail. This guidance assists companies and regulators in interpreting the directive including key definitions of prohibited practices. Though not […]
Warby Parker Faces $1.5 Million Fine After Data Breach
by Zachary Barlow
March 4, 2025
Data security is a vital to any company storing customer or employee data. Particularly when that data is personally identifiable or sensitive. Eyewear manufacturer and retailer Warby Parker was recently hit with a $1.5 million civil money penalty (CMP) from the Department of Health and Human Services (HHS). HHS found that Warby Parker mishandled customers’ […]
FinCEN Highlights Fraud Risks Related to AI
by Zachary Barlow
March 3, 2025
Legitimate business isn’t the only thing AI is “disrupting” as fraudsters use AI to streamline and innovate illegal activities. The financial services sector is a frequent target of fraudsters using AI and the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) recently warned about the dangers of AI-generated deep fakes targeting financial institutions. Criminals utilize […]
Top Cyber Vulnerabilities for 2025
by John Jenkins
February 27, 2025
According to the World Economic Forum’s Global Cybersecurity Outlook, cyber threats in 2025 will be shaped by increasingly sophisticated ransomware, social engineering and AI-powered cyber-attacks. Here are six key cybersecurity vulnerabilities cited by the WEF in a summary of its report: – Supply chain concerns: 54% of large organizations cite supply chain challenges as the […]
Knowing When Not to Use AI
by John Jenkins
February 26, 2025
In an environment where everyone seems to be dreaming up new use cases for AI tools, those focused on managing the risks of AI may find it helpful to contemplate situations where the use of AI tools doesn’t make a lot of sense, in order to identify potential trouble spots before overenthusiastic proponents of “AI […]
Risk Management: Vendor Use of AI
by John Jenkins
February 25, 2025
Venminder recently published its “State of Third Party Risk Management” report, which presents the results of a survey of organizations in a range of industries, including financial services, fintech, retail, healthcare, insurance, and IT. Participants in the survey ranged from small businesses with fewer than 100 employees to large organizations with over 5,000 employees. Vendor […]