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 […]
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. • […]
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 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 […]
