AI Counsel Blog Posts
UK Court Rules AI Models Trained on Copyrighted Works Don’t Constitute Infringement
by Zachary Barlow
November 6, 2025
Here in the US, there is a continuing battle in the courts over how copyright law applies to generative AI. There are serious questions around whether AI training or outputs violate copyright law. AI firm Anthropic has already settled a major copyright case for $1.5 billion. Which was just one of several copyright cases pending […]
Avoiding The Risks of “AI Workslop”
by Zachary Barlow
November 5, 2025
The latest vernacular in AI is the new term “workslop.” This term refers to AI-generated content that is facially passable as work product, but deeply lacking in substance and accuracy. It’s a problem that is slowing down AI efficiency gains, as co-workers and management must expend time and effort to correct workslop, often erasing the […]
AI Budgets Soar, Other Tech Gets Left Behind
by Zachary Barlow
November 4, 2025
As AI continues to grow and integrate into companies, AI budgets are on the rise. According to new research from Deloitte, AI spending is up, as are digital budgets on the whole: “This year’s findings show that while respondents have increased their overall digital investment budgets, they are becoming more selective about where those dollars […]
Department of Commerce Issues RFI on American AI Exports Program
by Zachary Barlow
November 3, 2025
Part of the federal government’s AI strategy is strengthening US AI exports. To this end, the administration issued EO 14320, which promised the creation of an American AI Exports Program. This program will support companies in developing “full-stack” AI export packages, which means that these packages will include all aspects of an AI system, including […]
AI Regulation: California Enacts Safety Standards for Companion Chatbots
by John Jenkins
October 30, 2025
Companion AI chatbots are intended to act as your pal or therapist, which given the current state of AI tools seems to me to involve a high risk of “creepy” behavior by the bot. California legislators apparently have concerns along the same lines, and recently enacted Senate Bill 243, which mandates specific safeguards for companion […]
Cybersecurity: Cyber Insurers’ Response to Increasing Risks
by John Jenkins
October 29, 2025
According to a recent article published by DarkReading.com, a cybersecurity news site, the number of software security vulnerabilities is increasing exponentially, with nearly 33,000 common vulnerabilities and exposures, or CVEs, identified through mid-September. The number of CVEs is expected to climb to 47,000 by year-end. This risk environment creates significant challenges for companies and their […]
Bot Protection: Using CAPTCHA to Prevent AI Scraping
by John Jenkins
October 28, 2025
Debevoise has a very good blog on AI and other emerging technologies, and the firm posted an announcement about an action that it has recently taken to protect its content from AI bots looking to scrap data from its blog. Here’s an excerpt: If you’ve visited the Debevoise Data Blog recently, you will have noticed […]
Risk Management: Lessons From the AWS Outage
by John Jenkins
October 27, 2025
Last week’s Amazon Web Services outage provided an unpleasant reminder of just how dependent we all are on a small number of cloud services providers. This excerpt from a recent Forrester blog has some recommendations for companies on how to improve their cloud resilience: From a cloud resilience perspective, enterprise tech leaders have two lines of action […]
USPTO Signals Increased Patent Protections for AI and Machine Learning
by Zachary Barlow
October 23, 2025
John previously wrote about an internal memo at the US Patent and Trademark Office (USPTO). That memo encouraged USPTO patent examiners to exercise greater care before deeming AI and machine learning patent-ineligible abstract ideas. Now, a recent reversal from the USPTO shows that reasoning in action. In Ex parte Desjardins, Appeal 2024-000567, the patent examiner […]
New Chatbot Laws Emerging in U.S.
by Zachary Barlow
October 22, 2025
Of all the new AI applications on the market, the one most people are familiar with is the chatbot. Companies have deployed chatbots in a variety of functions, from customer service to healthcare. However, being the most popular AI offering to date, they have also caught the attention of lawmakers. So far, at least eight […]