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Federal Court Rules using AI Tools can Waive Privilege, Even if Privileged Information is Input into Them

February 16, 2026 By Daniel Felz, Dorian Simmons and Christian Seremetis

On February 10, 2026, the U. S. District Court for the Southern District of New York held that a criminal defendant could not claim attorney-client privilege over documents he produced using a commercially available artificial intelligence (“AI”) tool – even though he had input privileged information from his lawyers into the tool. This case is […]

Filed Under: AI Cybersecurity & Privacy, Artificial Intelligence (AI) Tagged With: AI, Evidence, Litigation, Privilege

Texas Enacts Responsible AI Governance Act

July 7, 2025 By Jennifer Everett, Daniel Felz, Dorian Simmons and Hyun Jai Oh

On June 22, 2025, Texas Governor Greg Abbott signed House Bill 149, the Texas Responsible Artificial Intelligence Governance Act (“TRAIGA”), into law. TRAIGA imposes on businesses and governmental entities obligations and prohibitions for certain uses of artificial intelligence (“AI”), amends the Texas Capture or Use of Biometric Identifier Act (“CUBI”) to include certain exemptions, and […]

Filed Under: AI Cybersecurity & Privacy, Artificial Intelligence (AI), Privacy & Cyber Regulatory Enforcement Tagged With: AI, Artificial Intelligence, CUBI, Privacy, TDPSA, Texas Capture or Use of Biometric Identifier Act, Texas Data Privacy and Security Act, US State Law

NY Passes Law Governing Personalized Algorithmic Pricing; AI Companions

June 11, 2025 By Jennifer Everett, Jennifer Pike and Dorian Simmons

[THIS POST HAS BEEN UPDATED TO REFLECT CHANGES TO THE LEGISLATION PRIOR TO SIGNING.] On May 9, 2025, New York Governor Kathy Hochul signed Assembly Bill A3008 into law. The omnibus legislation mandates transparency in personalized algorithmic pricing. The new law also requires operators of AI companions to implement safety protocols and disclose bot usage […]

Filed Under: AI Cybersecurity & Privacy, Artificial Intelligence (AI), Privacy & Cyber Regulatory Enforcement Tagged With: AI, Algorithmic Pricing, Artificial Intelligence, Discrimination, New York

Last Minute Biden Cybersecurity and Artificial Intelligence Executive Orders Survive Initial Trump Revocations

January 25, 2025 By Kim Peretti, Kate Hanniford, Daniel Felz, Alysa Austin and Andrew Rice

In the final week of the Biden Administration’s term in office, former President Biden issued two high profile executive orders that could have significant ramifications for the cybersecurity and technology industries. The first, issued on January 14, 2025, is an “Executive Order on Advancing United States Leadership in Artificial Intelligence Infrastructure” (the “AI Infrastructure Order”). […]

Filed Under: AI Cybersecurity & Privacy, Artificial Intelligence (AI), Board Governance & Cyber Risk Management, Privacy & Cyber Regulatory Enforcement Tagged With: AI, Cybersecurity, Executive Order, Regulations

President Biden Signs First National Security Memorandum Focused on AI

October 27, 2024 By Kim Peretti, Kate Hanniford and Daniel Felz

On October 24, 2024, President Biden signed the first-ever National Security Memorandum (“NSM”) focused on artificial intelligence (“AI”), pursuant to subsection 4.8 of Executive Order 14110. The NSM provides guidance on developing, employing, and strengthening AI usage within the federal government. The NSM outlines three main objectives which serve as guideposts in directing the U.S. […]

Filed Under: AI Cybersecurity & Privacy, Artificial Intelligence (AI), National Security & Digital Crimes Tagged With: AI, Artificial Intelligence, National Security

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