Alston & Bird Privacy, Cyber & Data Strategy Blog

Produce the Prompts: A Court Says Expert AI Inputs Are Fair Game in Discovery

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A federal court just delivered one of the clearest messages yet on AI in litigation: if an expert used AI to do the work, the prompts may be discoverable.  In Conservation Law Foundation, Inc. v. Shell Oil Company et al., Magistrate Judge Thomas O. Farrish ordered the Plaintiff to produce the prompts its expert used in preparing her report, treating them as part of the expert’s methodology rather than protected drafting material.  That puts AI prompts squarely into the discovery … [Read more] about Produce the Prompts: A Court Says Expert AI Inputs Are Fair Game in Discovery

Louisiana Delays App Store Accountability Effective Date to July 2027

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On May 15, 2026, the Louisiana Governor signed HB 977 (Bill) into law, delaying the effective date of the Louisiana App Store Accountability Act (ASAA) by one year, to July 1, 2027. The amendments to the Louisiana ASAA come amid ongoing First … [Read more] about Louisiana Delays App Store Accountability Effective Date to July 2027

NYDFS Issues Frontier AI Advisory and Guidance for Heightened Cyber Threat Environment

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On May 21, 2026, the New York Department of Financial Services (“NYDFS”) issued two Industry Letters to the organizations it regulates (“Regulated Entities”): “Heightened Cybersecurity Risks Associated with Frontier AI Models” (the “Advisory”) and … [Read more] about NYDFS Issues Frontier AI Advisory and Guidance for Heightened Cyber Threat Environment

California Puts Social Media’s Youth Feeds on Notice

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On May 14, 2026, California Attorney General Rob Bonta issued proposed regulations and opened a 45-day public comment period addressing compliance with the age determination and parental consent requirements of the Protecting Our Kids from Social … [Read more] about California Puts Social Media’s Youth Feeds on Notice

European Commission Publishes Draft Guidelines on Classification of High-Risk AI Systems Under the EU AI Act

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On May 19, 2026, the European Commission (EC) published draft guidance on how to determine whether an AI system qualifies as a high-risk AI system (HRAIS) under the EU’s Regulation 2024/1689 on artificial intelligence (AI Act). The draft reflects … [Read more] about European Commission Publishes Draft Guidelines on Classification of High-Risk AI Systems Under the EU AI Act