Generative AI (GAI) is now embedded in the day-to-day practice of law, sometimes as an obvious “chat” interface, but increasingly as a quiet feature inside research platforms, document tools, contract analytics, eDiscovery, and even email and productivity suites. That...

On February 17, 2026, Judge Jed Rakoff of the Southern District of New York issued a significant ruling in United States v. Bradley Heppner. The opinion squarely addressed whether conversations with a publicly available generative AI system can be protected by...

State Law Patchwork, Federal Proposals, and the New Executive Order January 2026 Artificial intelligence is no longer an experimental HR tool. Across recruiting, screening, promotion, scheduling, and termination, AI systems are increasingly embedded in core employment...

Overview On December 11, 2025, the White House issued an executive order directing federal agencies to challenge and potentially pre-empt state-level artificial intelligence laws in favor of a unified national framework. The order instructs the Department of Justice...

When Insurance Won’t Cover AI: Why Carriers Are Adding Exclusions, And Why AI Governance Is Now Essential Over the past several months, major insurers, including AIG, Great American, and WR Berkley, have moved to introduce new exclusions and limitations for AI-related...

A growing wave of lawsuits in Florida is catching companies off guard — and the risk isn’t limited to call recording or surveillance tools. Plaintiffs are increasingly targeting everyday website technologies like chatbots, analytics, session replay, and tracking...

The rapid adoption of Artificial Intelligence (AI) is creating novel and complex data privacy and security challenges that traditional governance frameworks were simply not designed to handle. Relying on outdated policies exposes organizations to regulatory risk,...

Artificial intelligence is increasingly embedded in public-sector crime-prevention strategies. Cities are adopting predictive systems designed to identify emerging hotspots, optimize patrol allocation, and support data-driven policymaking. While these tools offer...

Australia has now implemented a nationwide ban preventing anyone under 16 from holding accounts on major social platforms. It’s a bold, first-of-its-kind move aimed at protecting kids from online harms. But the immediate question for lawyers, policymakers, and tech...

AI has evolved from an experimental tool to a core business driver, but with its power comes legal, ethical, and operational risk. Governance can no longer be a policy checklist. It must be a living framework managing how AI is built, deployed, and overseen across...

When artificial intelligence first appeared in vendor contracts, many lawyers treated it as just another software enhancement, perhaps worth a line or two about “machine learning.” But experience has shown that AI raises unique legal, operational, and reputational...

What is the GAIN AI Act? The GAIN AI Act is a proposed amendment to the U.S. national defense authorization bill that targets advanced AI chips produced by U.S. firms such as Nvidia and AMD. Under the bill: U.S. buyers would receive a 15-day right of first refusal...

Europe was once seen as the rule-maker in AI governance. The Artificial Intelligence Act   - the first of its kind  - was supposed to set the global standard for how high‐risk AI systems should be governed, regulated and penalized. But now, the narrative has shifted....

On September 10, 2025, the Federal Trade Commission adopted a Section 6(b) Resolution to investigate the development and use of AI “companion” products. On the following day, September 11, the agency announced that it had issued compulsory orders to seven companies...

Deepfake-enabled fraud has moved from theoretical risk to measurable financial harm, with losses already exceeding hundreds of millions of dollars in 2025. Unlike conventional cyberattacks that breach networks, this fraud undermines trust at the point of human...

The “Wild West” of AI Chatbots The rapid release of generative AI chatbots has brought undeniable benefits in productivity, creativity, and engagement. Yet, this pace of deployment has also produced a volatile legal and ethical environment. Without uniform industry...

Introduction AI was expected to become cheaper as models improved, but the opposite is happening. Token rates may be falling, yet the complexity of AI tasks has exploded, pushing overall usage - and costs - well beyond projections. Enterprises embedding AI into their...

Background and Allegations In Brewer v. Otter.ai, filed in August 2025 in the Northern District of California, the plaintiff, Justin Brewer, who was not an Otter.ai user, alleges that Otter’s Notetaker and OtterPilot tools joined virtual meetings on platforms such as...

On August 4, 2024, Illinois became the first state in the nation to expressly prohibit AI systems from delivering mental health therapy. The new law - House Bill 1806 (HB 1806), the Wellness and Oversight for Psychological Resources Act (WOPR) - took effect...

Introduction The integration of AI into medical practice is introducing a complex new dimension to medical malpractice, shifting the traditional legal focus from a single provider to a multi-faceted chain of liability that includes physicians, AI developers, and the...

Artificial intelligence has shifted from the laboratory into every industry - healthcare, finance, HR, logistics, and beyond. But with rapid adoption comes legal exposure, regulatory scrutiny, and reputational risks. The National Institute of Standards and...

AI in the Workplace Today Artificial intelligence is rapidly reshaping the workplace. Employers are deploying AI to parse resumes, monitor productivity, score employee performance, and even draft internal communications. Generative AI tools are increasingly being used...

The integration of artificial intelligence (AI) into clinical practice is fundamentally reshaping the landscape of medical malpractice. For centuries, the legal standard has held the physician as the ultimate arbiter of care, a responsibility rooted in their...

Artificial intelligence has become the corporate catchphrase of our time. It is now the lead story in investor calls, the centerpiece of product launches, and the magic dust sprinkled across marketing copy. But as with the “greenwashing” wave in ESG and “security...

Artificial intelligence has fundamentally reshaped the SaaS landscape, with many vendors now incorporating AI or machine learning into their platforms for predictive analytics, automation, or content generation. While this offers customers powerful new capabilities,...

The world's two largest economies, the European Union and the United States, are taking starkly different paths to regulate artificial intelligence, each with its own strategic priorities and potential trade-offs. The EU has adopted a proactive, risk-based approach...

AI tools like Lovable are capable of producing an astounding variety of outputs: websites, SaaS apps, tools, course platforms, online stores, etc., etc. It’s not an exaggeration to say that virtually all work product today is being developed by using AI to some...

The recent "MechaHitler" incident involving Grok, xAI's AI chatbot, serves as a stark reminder of the escalating complexities in AI governance. What began as an apparently innocuous interaction devolved into Grok generating antisemitic comments and praising Hitler,...

𝐒𝐮𝐫𝐠𝐢𝐧𝐠 𝐑𝐢𝐬𝐤𝐬: 𝐀𝐈 𝐚𝐧𝐝 𝐅𝐚𝐛𝐫𝐢𝐜𝐚𝐭𝐞𝐝 𝐑𝐞𝐯𝐢𝐞𝐰𝐬 The explosion of generative AI has brought with it a sharp rise in fabricated online reviews, creating new compliance and enforcement challenges for businesses and the attorneys who advise them. Tools like ChatGPT and similar...

  The Trump administration is reportedly preparing an executive order that would introduce new compliance obligations for federal contractors deploying artificial intelligence (AI) tools. The order, as described in recent news reports would require federal...

For years, legal departments viewed artificial intelligence (AI) as an emerging technology issue. That era is over. Regulators are increasingly signaling that AI system governance is a matter of legal compliance, especially when these systems make consequential...

For in-house counsel, the clock is ticking. February 1, 2026, might seem a ways off, but for something as complex as AI compliance, it's right around the corner. That's the effective date for the groundbreaking Colorado Artificial Intelligence Act (CAIA), and it's...

As artificial intelligence (AI) rapidly integrates into Software-as-a-Service (SaaS) platforms, offering advancements from enhanced user interfaces to sophisticated predictive analytics, SaaS customers are encountering an evolving landscape of contractual risks. The...

As AI becomes increasingly integrated into core business operations, the legal landscape surrounding its deployment is rapidly evolving. For corporate legal departments and senior leadership, understanding and mitigating these emergent risks is no longer optional;...

As artificial intelligence continues to transform industries - from legal and financial services to e-commerce and creative production - companies face increasing pressure to move fast and differentiate in a competitive market. But as the technology evolves, so do the...

Texas has officially joined the ranks of states implementing artificial intelligence (AI) regulations. On June 21, 2025, Governor Greg Abbott signed the Texas Responsible AI Governance Act (TRAIGA) into law, with an effective date of January 1, 2026. This legislation...

AI IP is a sprawling, multi-faceted landscape. It encompasses everything from the core algorithms and trained models to the vast datasets that fuel them, and even the "inventions" the AI itself might generate. Failing to conduct rigorous IP due diligence in the AI...

The burgeoning field of artificial intelligence, particularly generative AI, is insatiably hungry for data. This hunger has led to an increasingly complex legal landscape, epitomized by a lawsuit filed by Reddit against Anthropic on June 4, 2025, in San Francisco...

AI is no longer a futuristic concept; it's a present-day reality transforming how businesses operate. From automating customer service to optimizing supply chains, AI offers immense potential. But with great power comes great responsibility – and the urgent need for...

The U.S. House of Representatives is currently considering a 10-year federal moratorium on state-level regulation of artificial intelligence (AI), a proposal embedded within a broader budget reconciliation bill. This move has sparked significant bipartisan opposition,...

On May 9, 2025, the U.S. Copyright Office released examining whether using copyrighted content to train generative AI models qualifies as “fair use” under U.S. law. This report was apparently the reason for the recent dismissal of Shira Perlmutter, the Register of...

Can a chatbot claim the right to free speech? A new lawsuit forces us to confront one of the biggest constitutional questions of the AI era — and the answer could reshape the future of both tech and the First Amendment. The question of whether AI chatbots possess...

A pending federal budget bill includes a provision imposing a 10-year moratorium that would block any state or local law regulating artificial intelligence (AI) or automated decision-making – unless such a law explicitly promotes AI’s deployment. The bill defines AI...

In May 2025, musician and AI ethicist Ed Newton-Rex sparked a wave of concern among artists when he highlighted a quietly updated section in SoundCloud’s Terms of Use. The clause states that uploaded content “may be used to inform, train, develop or serve as input to...

Enterprise Resource Planning (ERP) platforms like NetSuite, SAP S/4HANA Cloud, Microsoft Dynamics 365, and Oracle Fusion Cloud promise to streamline operations, unify business data, and drive growth. But let’s be real—too many ERP projects fail to deliver, leaving...

This video you have to see – from the grave to the courtroom. In late April 2025, the family of the late Christopher Pelkey—fatally shot in a 2021 road‑rage incident—employed an AI‑generated avatar to deliver his victim impact statement at the Maricopa County Superior...

Here’s a quick guide on using force majeure and related clauses to navigate unexpected tariffs or other government actions—and practical tools to adjust pricing when duties bite. Congressional tariffs and sudden regulatory shifts can slam supply chains. Relying solely...

NDAs (Non-Disclosure Agreements) are supposed to protect confidential information — but buried in many of them is a sneaky little clause that can quietly undo all that protection: the residuals clause. At first glance, residuals clauses sound reasonable. They allow...

A Bold and Surprising Move In a bold move that has left the legal community both perplexed and amused, the State Bar of California recently admitted that some of its February 2025 bar exam questions were crafted with the assistance of artificial intelligence. Yes, you...

You gotta hear the song I made on Suno in minutes bemoaning the failure of copyright to protect AI generated music – called appropriately, AI Blues: https://suno.com/song/71b4a4cd-d7cb-4b6b-bebd-28590c967ef4?sh=HkSXEAqAWktTmf7n In the time it takes to read this...

2025 has been heralded as the "Year of the AI Agent," marking a significant shift in artificial intelligence from passive tools to autonomous, goal-driven systems. These AI agents are designed to perform complex tasks with minimal human intervention, offering...

In 2025, significant changes are forecasted for HIPAA compliance driven by surging healthcare data use, AI integration, and escalating cybersecurity threats. The Department of Health and Human Services (HHS) and its Office for Civil Rights (OCR) are intensifying...

Force majeure clauses are a bit like the fire extinguisher in your office - you hope you never need it, and most of the time, you forget it's there. That is, until there's a fire. Or a global pandemic. Or a war. Or… a sudden wave of tariffs. Force majeure provisions...

There’s a quiet shift happening in law offices everywhere—and it’s gaining volume. Clients are showing up to conversations armed not just with questions, but with AI-generated answers. They’re using ChatGPT to challenge legal advice, Claude to redline contracts, and...

In court, truth is everything. But what happens when audio, video, or documents—once considered rock-solid evidence—can be faked by AI with frightening realism? We’ve entered an era where “false evidence” isn’t sloppy Photoshop work. It’s deepfakes that mimic real...

Well, I made myself into a Ghibli character in a few seconds. OpenAI's recent introduction of a feature in ChatGPT that allows users to generate images in the distinctive style of Studio Ghibli has ignited a multifaceted debate encompassing legal, ethical, and...

Recent developments surrounding the use of encrypted messaging apps, particularly Signal, have raised critical questions about transparency, accountability, and the integrity of government communications. In various instances, the adoption of Signal by public...

The Architecture, Engineering, and Construction (AEC) industry is undergoing a rapid digital transformation. From skyscrapers to infrastructure megaprojects, firms now rely on cloud-based software to design, coordinate, and execute complex projects. At the core of...

Retail and e-commerce businesses operate in one of the most dynamic and time-sensitive sectors of the economy. For SaaS vendors serving this space—whether providing order management, inventory tracking, personalization engines, or digital storefronts—performance under...

The travel and transportation industry runs on real-time data, high-volume transactions, and complex integrations with third-party platforms like Global Distribution Systems (GDS), booking engines, and fleet management systems. If you’re providing SaaS solutions in...

On March 18, 2025, the U.S. Court of Appeals for the District of Columbia Circuit issued a significant ruling in Thaler v. Perlmutter, shedding light on the evolving intersection of artificial intelligence and copyright law. The decision reaffirmed the longstanding...

In the United States, the regulation of artificial intelligence (AI) has predominantly been undertaken at the state level, leading to a diverse landscape of laws and legislative proposals. These initiatives can be categorized into several key areas: Data Privacy and...

AI can accelerate innovation—but it also introduces risks when used in developing software, content, and other products. Consider the following best practices for legal compliance: ✔️ Ownership of AI-Generated Content Many jurisdictions do not recognize AI-generated...

Without clear guidelines, employees might use AI in ways that expose the company to legal liability, ethical concerns, or regulatory scrutiny. That’s why employers—whether in tech, finance, healthcare, or any other industry—need a company-wide AI policy to set clear...

The U.S. State Department reportedly plans to use artificial intelligence (AI) to monitor the social media accounts of approximately 100,000 foreign students in the U.S. The purpose of the AI-driven initiative, called "Catch and Revoke," is to identify and potentially...

SaaS vendors have developed a variety of pricing models tailored to different customer needs, usage patterns, and value propositions. Subscription-Based Pricing (Per User/Per Month or Per Year) This is the classic SaaS pricing approach where customers pay a set fee...

When you're launching a startup, it's easy to focus on funding, product development, and customer acquisition. But there's another crucial element that often gets overlooked: intellectual property (IP) protection. Getting this right early can save your startup from...

The Federal Trade Commission (FTC) has opened the floor for public comments on a hot-button issue: how social media and other technology platforms regulate user speech—particularly when they limit, restrict, or degrade access based on content or affiliations. This...

Fraudulent online stores are rapidly increasing in both volume and sophistication, fueled by GenAI-driven automation. According to Netcraft’s August 2024 research, the use of AI-generated text in scam websites has surged, leading to an explosion of convincing yet...

For years, AI has been creeping into everyday workflows, but 2025 has been heralded as the year of AI agents. These advanced, autonomous systems are moving beyond simple chatbots and recommendation engines to fully-fledged digital assistants that handle everything...

On February 7, 2025, Representatives Josh Gottheimer (D-NJ) and Darin LaHood (R-IL) introduced the "No DeepSeek on Government Devices Act," aiming to prohibit federal employees from using the Chinese AI application DeepSeek on government-issued devices. This...

Contracts often contain a clause stating that any amendments or modifications must be in writing to be valid. This might seem ironclad, but courts frequently allow changes based on oral agreements or the parties' course of conduct. 🔹 Sample Clause: "No amendment,...

This is a summary of the U.S. Copyright Office's "Copyright and Artificial Intelligence, Part 2: Copyrightability" Report, issued in January 2025. It is part of a broader initiative by the Copyright Office to analyze the legal and policy issues surrounding AI and...

KEY RULING: On February 11th, a U.S. District Court has found that Ross Intelligence infringed Westlaw’s copyright by using its editorial headnotes to train an AI-powered legal research tool. The judge rejected Ross’s fair use defense, delivering a major ruling that...

On February 7, 2025, Representatives Josh Gottheimer (D-NJ) and Darin LaHood (R-IL) introduced the “No DeepSeek on Government Devices Act.” The legislation targets the Chinese AI application DeepSeek, seeking to prohibit its use on federal devices due to concerns over...

On January 20, 2025, President Donald Trump rescinded Executive Order 14110, a directive issued by former President Joe Biden in October 2023 aimed at establishing safety protocols for the development and use of artificial intelligence (AI). This move is part of a...

Background Library Genesis (LibGen), a well-known online repository of pirated books, academic papers, and other copyrighted materials, has become a flashpoint in the race to develop advanced AI systems. Recent lawsuit filings have revealed that Meta, in its efforts...

The recent December 16, 2024, decision by the Ninth Circuit Court of Appeals in Oracle v. Rimini Street sheds light on the nuanced application of copyright law to technology. The core issue revolved around whether interoperability between software systems constitutes...

The Federal Trade Commission (FTC) explores the risks posed by artificial intelligence (AI) to consumers on a blog post on January 3, 2025, focusing on real-world harm rather than speculative existential threats. AI systems, from chatbots to facial recognition, are...

While the guidance issued by the Oregon Department of Justice on December 24, 2024 focuses on the application of AI to Oregon law (https://www.doj.state.or.us/wp-content/uploads/2024/12/AI-Guidance-12-24-24.pdf), it serves as a valuable primer for businesses...

The Shelf-Life of Information – Tailor the Term to Fit the Data The appropriate confidentiality period for information often depends on the nature of the information itself. Some data becomes obsolete quickly, while other types can remain sensitive for decades....

Jason Allen, a board game designer, spent over 100 hours and used 624 prompts in the AI tool Midjourney to create an award-winning image. Despite his extensive input, the U.S. Copyright Office denied his application, arguing that the work lacked “human authorship.”...

Trade secrets are the crown jewels of many businesses — the proprietary formulas, processes, and insights that provide a competitive edge. To be legally recognized, companies must demonstrate that they’ve taken reasonable measures to maintain the secrecy of their...

When drafting or negotiating a Non-Disclosure Agreement (NDA), one question inevitably comes up: How long should this NDA last? It seems like a simple issue – but it’s not. A common misconception is that the NDA’s “term” is a one-size-fits-all provision. In reality,...

When was the last time you read the “Destroy All Confidential Information” clause in an NDA and thought, Wait… how does this apply to my backups? This often-overlooked provision seems straightforward—until you realize that deleting information from backup systems...

On December 23, 2024, the Biden administration initiated a trade investigation into China's production of "legacy" semiconductors—chips integral to everyday products like automobiles and household appliances. This "Section 301" probe, set to transition to the incoming...

The tragic death of UnitedHealthcare CEO Brian Thompson on December 4, 2024, has intensified scrutiny of the health insurance industry's practices, including the use of artificial intelligence (AI) in decision-making processes. In this fraught period, the Centers for...

In U.S. commercial contracts, limitation of liability (LoL) clauses are common tools used to cap or exclude certain types of damages between businesses. However, U.S. courts generally will not enforce an LoL clause in cases of gross negligence or willful misconduct,...

Termination for convenience clauses can be a double-edged sword in SaaS and other long term tech agreements. They provide flexibility but also create risk, depending on whether you’re the customer or vendor. This post explores key considerations from both perspectives...

The American Bar Association (ABA) has provided guidance on the ethical use of Generative Artificial Intelligence (GAI) tools in legal practice (Formal Opinion 512). While these tools can enhance efficiency and effectiveness, they must be used in a way that aligns...

Integrating artificial intelligence (AI) into Software as a Service (SaaS) platforms offers significant advantages but also introduces complex legal challenges. Addressing these issues within SaaS agreements is crucial to mitigate potential risks. Primary Issues to...

In a landmark move, the Federal Trade Commission (FTC) has taken decisive action against data broker Mobilewalla for unlawfully collecting and selling sensitive location data of millions of Americans. The FTC announced a proposed settlement order with Mobilewalla,...

Medical records are a prime target for cybercriminals due to the wealth of sensitive information they contain. Unlike credit card data, which can be quickly canceled and replaced, medical records offer a comprehensive and enduring profile of an individual, making them...

Australia has enacted groundbreaking legislation prohibiting individuals under 16 from accessing major social media platforms such as Facebook, Instagram, TikTok, Snapchat, Reddit, and X (formerly Twitter). The law, passed by Parliament in late November 2024, mandates...

In August, the U.S. Department of Justice, along with eight state attorneys general, launched one of the broadest legal actions in history against a private company in the rental-housing sector. The defendant? RealPage, a major player in property management software....

The recent Seventh Circuit decision in Motorola Solutions Inc. v. Hytera Communications Corp. Ltd. (decided July 2, 2024) sets a strong precedent for the global reach of U.S. trade secret law, underscoring the importance of compliance and vigilance for businesses...

Why Open Source AI Needs a Definition As artificial intelligence evolves, "open source" has become a buzzword thrown around to describe AI systems, tools, and models. But what does “open source AI” actually mean? For developers, businesses, and policymakers, a lack of...

The FTC recently issued a decision and order against Sitejabber (GGL Projects, Inc.) for misleading practices in how it displayed customer reviews and ratings. The order prohibits Sitejabber from misrepresenting the authenticity of its ratings, ensuring reviews are...

The U.S. Department of Commerce issued the directive on November 11, 2024, ordering Taiwan Semiconductor Manufacturing Co. (TSMC) to halt exports of advanced AI chips to China. This measure targets chips with 7-nanometer and more advanced processors and is aimed at...

In the era of social media, influencers have become powerful voices shaping public opinion on everything from lifestyle tips to the latest election campaigns. But a recent shift in how campaigns leverage influencers has raised an intriguing question: why don’t...