AI Counsel Blog Posts
Guidance on Securing AI Training & Operating Data
by John Jenkins
June 17, 2025
An alphabet soup of international governmental agencies that includes the NSA, CISA, and FBI have come up with best practices guidance on securing AI training and operating data. Here’s an excerpt from the executive summary: This Cybersecurity Information Sheet (CSI) provides essential guidance on securing data used in artificial intelligence (AI) and machine learning (ML) […]
Risk Management for Use of GenAI in the Workplace
by John Jenkins
June 16, 2025
This McDermott Will blog addresses the increasing use of GenAI tools by human resources professionals and identifies areas of focus for employers, relevant legal developments, and potential compliance approaches. It also offers guidance on how to avoid legal risks when implementing GenAI-based GenAI-based HR and employment management software. Here are some specific recommendations on how […]
Disney and Universal Sue Midjourney Alleging Copyright Infringement
by Zachary Barlow
June 12, 2025
AI copyright litigation is heating up as cases work their way through the legal system. We’ve previously covered copyright cases and discussed the copyright implications of AI training. Now we’re seeing another major case arise as Disney and Universal have banded together to take on Midjourney. Midjourney is an AI developer that focuses on creating […]
Will Agency Law Apply to Agentic AI?
by Zachary Barlow
June 11, 2025
Agentic AI, or AI that acts semi-autonomously to accomplish tasks, is the next frontier in the AI world. While exciting and potentially groundbreaking, agentic AI it is the most risk-laden AI implementation to date. John previously talked about the possibility of AI agents reporting out rather than up, and gave some tips on keeping AI […]
Cybersecurity Report Highlights Best Practices for Managing AI Training Data
by Zachary Barlow
June 10, 2025
Cybersecurity agencies in the US, UK, Australia, and New Zealand recently collaborated on a new Cybersecurity Information Sheet (CIS). The CIS discusses cybersecurity risks and best practices for managing data sets used to train AI. Here are five of the best practices the report identifies, as summarized in a recent A&O Shearman memo: “Source reliable […]
Can AI Governance Platforms Help Manage Risks?
by Zachary Barlow
June 9, 2025
We’ve written before about the importance of governance in AI-related risk management. There are now new AI governance tools on the market that aim to assist decision makers in the governance process. AI governance platforms can aid in bias detection, policy automation, and performance monitoring for AI models. CIO recently discussed AI governance platforms and […]
Agentic AI: Preventing an Agent From “Going Rogue”
by John Jenkins
June 5, 2025
Earlier this week, I blogged about Claude Opus 4’s potential to drop a dime on its users when it perceives that they’ve engaged in misconduct. Well, it turns out that while our boy Claude may be a whistleblower, he’s also capable of some pretty serious misconduct of his own. Check out this excerpt from an […]
AI Risk Management: Selecting GenAI Providers, Models & Use Cases
by John Jenkins
June 4, 2025
A recent Katten blog discusses what companies should keep in mind when selecting GenAI model providers, models and use cases. The blog says that not all providers are created equal, and that due diligence is necessary before selecting the appropriate provider for a particular business’s needs: Before selecting a provider and model, it is important […]
Data Privacy: It’s Time to Review Your Cross-Border Data Transfers
by John Jenkins
June 3, 2025
This BakerMcKenzie blog addresses the increasingly complex regulatory scheme governing cross-border data transfers by US companies and says that companies need to act now to avoid potential compliance issues. It cites the DOJ’s new Data Security Program (DSP), which bars US persons from making certain personal data available to entities in China, Russia, Iran and […]
Agentic AI: Would Your AI Agent Drop a Dime on You?
by John Jenkins
June 2, 2025
So, here’s a variation on the HAL 9000 problem that I’ve never contemplated before – what if your Agentic AI software decides that your company is doing something wrong and drops a dime on you? According to a recent post on Matt Kelly’s Radical Compliance blog, that’s not just a theoretical possibility: Here’s a tough […]