AI Counsel Blog Posts
AI Companies Sued After Analyzing Bank Phone Calls
by Zachary Barlow
March 18, 2025
“This call may be recorded for quality assurance” is a phrase we hear on almost every customer service call. However, a customer consenting to their call being recorded doesn’t mean that the customer necessarily consents to that call being shared. This is especially true when those calls are to financial institutions and contain sensitive information. […]
AI Considerations for M&A Deals
by Zachary Barlow
March 17, 2025
As AI becomes ingrained in business, new concerns are arising for companies engaging in mergers and acquisitions. How a company uses AI, the associated risks of that AI use, and how AI adds value to a company’s business model are issues that M&A buyers should investigate as part of their due diligence process. A recent […]
Cybersecurity: Global Threat Report
by John Jenkins
March 13, 2025
CrowdStrike recently published its 2025 Global Threat Report, which provides an overview of the current cyber threat landscape. The report says that cyberattacks are escalating in speed, volume, and sophistication, and that once inside organizations, attackers act within seconds. Here are some of the report’s significant findings: – Breakout time — how long it takes […]
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 […]