Strategic Litigation Risk Assessment: Navigating Financial Exposure and Technological Volatility
I have been litigating more in the past year and a couple of months. Why? What does this mean for me, my clients, my friends, and the business world at large? Stepping back for a minute led to the following conclusions all businesspeople need to consider when thinking about their business and legal strategies going […]
Privacy, Security, and Artificial Intelligence Checklist
Enforcement activity saw a significant surge throughout 2025, marked by landmark judgments and multi-million dollar settlements. These actions primarily targeted issues such as analytics, ad tracking, wiretapping, data subject rights, and the collection of sensitive data. As we move into 2026, this aggressive trend shows no signs of slowing. To help your organization navigate these […]
OPINION: A National Framework Helps Providers And Users
A uniform federal approach would reduce compliance complexity for AI vendors that otherwise must navigate divergent state laws and standards. This lowers transaction costs for multi‑state deployments and speeds product rollouts, which benefits end users through faster access to improved tools. Eliminating the patchwork of state rules that already forces vendors to bake differing legal […]
AI and the 4th and 5th Amendments
Our most intimate thoughts, schedules, and professional secrets are no longer just in our heads—they are in our “assistants”. From enterprise-grade legal AI to the voice assistants on our nightstands, Artificial Intelligence (AI) is increasingly becoming an extension of the human mind. But this technological evolution creates legal friction like all other disruptive technology has. […]
Preferred AI Clauses for Contracts
After drafting, reading, negotiating, and analyzing so many contracts–all done by me versus AI–I want to share some of the better clauses I have read. Of course, each clause likely needs additional tailoring to meet your particular situation including the proper defining of the capitalized terms used in the examples below. This blog post provides […]
Increasing Personal Liability For Directors Who Make Little Or No Effort To Meet Their Fiduciary Duties
It has been largely assumed boards of directors are largely insulated from the personal consequences of major corporate disasters. Protected by the “business judgment rule” and corporate charters, directors have historically been shielded from liability for operational failures that occur on their watch. That shield is cracking without any additional burdens being placed on directors. […]
Predictions on AI and Procurement
Several people have asked me for my thoughts on how AI will affect procurement. Really. First, I will share what companies are doing right now to implement AI in procurement: • Building centralized AI “governance hubs” to enforce standardized contracting playbooks. • Running tabletop exercises for AI failure scenarios linked back to contractual remedies. • […]
Case Update: Use of AI in HR Software
Your recruiting software is likely using AI even when it’s not marketed that way (“smart matching,” “automated screening,” “predictive analytics” ==> hidden AI). Likewise, voice-based screening, video analysis, resume parsing, and chatbot interviews all create unique discrimination risks that traditional hiring methods do not have. Case Background In May 2025, the Northern District of California […]
SLG Published in Impact Wealth Magazine
Our article on the intersection of AI and insurance from a corporate law perspective was published in the Summer 2025 edition. Here is a link: Impact Wealth Summer Issue 2025 – Stephen Ross – Impact Wealth David Seidman is the principal and founder of Seidman Law Group, LLC. He serves as outside general counsel for […]
Thinking About Trade Secrets, AI, Workplace Safety, and ICE Raids
I strongly suggest businesspeople think about the interplay between “general legal issues” and “general use technologies“. I also strongly suggest asking me for a picture of myself with Paulie Walnuts when I met him at this boxing match–this is one of my favorite celebrity pics from my work trips to Las Vegas. Innovations in AI-powered […]
Forecasting the Key Legal Issues for SMBs in 2026
It is never too early to start worrying about how the legal world will impact your business in 2026. That said, I foresee the key legal issues in 2026 to largely mirror those from 2025. This is not intended to be a comprehensive list; rather, this is a “greatest hits” of generally applicable issues businesspeople […]
AI and Insurance: How Do We Protect Our Company?
A data breach caused by an AI vulnerability, a product liability claim stemming from AI bias and many other scenarios could wipe out the gains created from using generative AI. Even worse, the company’s existence could be placed at risk. So an obvious question must be asked “Is the company truly insured for these risks?” […]
SLG in Impact Wealth Magazine
We are proud to have our article on AI and Fiduciary Duties published in Impact Wealth Magazine. The issue can be accessed through this link: Spring 2025 Issue with Cover Star Wilbur Ross – Impact Wealth
AI and Hiring: A Growing Minefield
A recent analysis published by MIT (Here) analyzed AI technologies that are used to screen and hire potential employees. The analysis found that improvements made using AI interviewer bots, resume screening software, and other platforms that rely on advanced language models are real but significant flaws remain that are problematic. This blog post points out […]
Web Scraping vs. Terms of Use
Data scraping extracts and copies data from websites. Often this is done to train AI large language models. Because scraped data commonly includes user-generated content and personal information, many companies explicitly prohibit data scraping through their terms of use. This includes X (formerly Twitter) which tried to enforce its anti-scraping terms of use. X’s argument […]
Fiduciary Duties and AI
Pivoting to AI will have serious implications for fiduciary responsibilities. Companies, family offices, and all advisors must strike an appropriate balance between human expertise and technological advancement. It is imperative that AI users encourage critical evaluations of AI-generated results with independent human thinking. The failure to do so can be catastrophic for everyone involved. Tools […]
Deep Fakes Law: A Quick Summary For Parents
Deep fakes and AI should scare all parents because their kids have new ways to make mistakes with or without trying.
AI and the Future of Contracts
Contract negotiations and interpretations present unique challenges for AI. For millennia contract law has been all about contextual understanding, personal analyses, concern for the future, and preventing (or creating) ambiguities. These issues are why solely relying on AI to draft contracts is unwise. Unsurprisingly, AI-generated contracts lack the ability to adapt for changes in the […]
AI and Hotel Security
It is unsurprising that many people have asked me whether the hotel could be held liable in some way for P. Diddy assaulting Cassie Ventura. After watching the video and having no other information, my initial reaction is that Cassie Ventura does not have a claim against the hotel. Nothing in the video suggests that […]
AI and Defamation
While ChatGPT 4.0 is far more cautious about making statements about specific individuals, it still hallucinates to disseminate damaging misinformation about people. Litigation concerning prior versions of ChatGPT are winding their way through the courts right now with cases not being dismissed on purely legal arguments. Earlier this year, a Georgia court ruled that OpenAI […]
AI And Data Security In The News (But Not In The News)
It is impossible for me to read the news and case law without thinking about how AI and Data Security issues impact today and the future. Here are some examples: Celsius Earnings Snafu: The company inadvertently had the information and press release publicly available before it planned to announce its earnings. Hedge funds and trading […]
Predictions on Future State-Level AI and Data Privacy Legal Frameworks
Greater public debate is necessary for society to determine how much more privacy it is willing cede. This includes the ability to learn information about your physical activities in your own home. This blog post recites three macro-issues with predictions regarding the regulatory regimes that will address these issues. Private Right to Action: Most state […]
AI Update: New FTC Proposed Rules
Earlier this month the Federal Trade Commission shared a notice seeking comments from the public about proposed rules concerning potential liability for generative AI developers. The new rule would (A) find generative AI developers liable for fraudulent impersonation of individuals and (B) create potential liability for companies providing the “means and instrumentalities” of such fraudulent […]
