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 […]
Artificial Intelligence (AI)
NYDFS Issues Frontier AI Advisory and Guidance for Heightened Cyber Threat Environment
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 “Guidance on Measures Regulated Entities Should Consider in a Heightened Cybersecurity Threat Environment” (the “Guidance”) (collectively, the “Letters”). The Letters discuss […]
California Puts Social Media’s Youth Feeds on Notice
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 Media Addiction Act, or S.B. 976 (the “Act”). Enacted in September 2024, the Act is intended to protect users […]
European Commission Publishes Draft Guidelines on Classification of High-Risk AI Systems Under the EU AI Act
On May 19, 2026, the European Commission (EC) published draft guidance on how to determine whether an AI system qualifies as a high-risk AI system (HRAIS) under the EU’s Regulation 2024/1689 on artificial intelligence (AI Act).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 input from stakeholders and EU Member States through the EU AI Board and represents the most […]
Colorado Replaces Landmark AI Act—Creating New Trails for AI Rules and Private AI Litigation
On May 12, 2026, the Colorado legislature passed SB 26-189, which repeals and replaces its landmark Artificial Intelligence Act. Colorado is doing away with the concept of “algorithmic discrimination” and moving instead to a notice- and disclosure-based regime focused on automated decision-making. This time, it does so without a carve-out for deployers who are small […]