AI Use in Clinical Trials: Privacy, Confidentiality, and Compliance Risks
Artificial Intelligence (AI) is becoming increasingly common in health care clinical trial operations. Sponsors, contract research organizations, research sites and vendors may use AI for many tasks such as patient recruitment, eligibility screening, and informed consent support among other things. While this can improve efficiency, these tools may also create privacy, confidentiality and compliance risks in an already highly regulated environment. Clinical trials often involve sensitiv...
Eyes on AI Chatbots: New State Laws Target Child Safety, Disclosures and Crisis Response
AI companion chatbots have recently become a focus of state AI regulation. Unlike task-oriented chatbots, companion chatbots may be designed to simulate conversation, friendship, emotional support or other ongoing personal relationships. These features may create heightened legal and safety concerns, especially when users are minors, emotionally vulnerable or may mistake automated responses for human support. State legislatures are beginning to address some of these risks. While s...
Why the EU AI Act belongs on every general counsel’s radar – now Governance Intelligence
Why should general counsel in the US care about a European law? Because the EU AI Act’s governance demands are set to reach far beyond the bloc. The European Union's AI Act has captured the attention of legal departments worldwide, but many US-listed companies may be making a critical mistake: treating its deferred implementation dates as a reason to postpone governance planning. General counsel and chief legal officers should not focus on when the EU AI Act's requirements become enforceab...
Deepfakes: A New Form of Workplace Sexual Harassment
In recent years, there has been an uptick in the number of cases where images generated or edited by artificial intelligence have given rise to workplace harassment claims. Regardless of whether the conduct at issue occurred in person or off duty, courts have shown a willingness to hold employers liable, leaving employers vulnerable to significant costs from employee misconduct. Current Cases Employer liability arising from AI-generated content may stem from actionable workplace hara...
AI Chats and Law Enforcement: What Are You Sharing?
AI chat platforms are increasingly becoming repositories of sensitive personal, professional, and legal information, and the legal frameworks governing what can be done with that information remain unsettled. This can have serious repercussions for individuals, businesses, and their advisors who happen to find themselves in the complex intersection of law enforcement and information privacy. What are users actually sharing? The volume and sensitivity of information flowing into AI chat platfor...
Risks of Shared AI Workspaces and Confidentiality, Security, and Privacy Concerns
Traditionally, the relationship between a company and its outside advisors, law firms, consultants, and financial advisors has been governed by confidentiality agreements, attorney-client privilege, and codes of professional ethics. These agreements assure that these outside advisors have access only to the information necessary for the scope of the project. However, artificial intelligence is becoming a mainstay in these working relationships, dismantling that clear separation. AI-powered pro...
What to Know About CIPA and Shine the Light Claims
Doing Business in California? What To Know About CIPA and Shine the Light Claims Blog Contributor: Madeline Yuki Gaudlitz, 2L at the University of Michigan Law School In recent months, companies operating in California have reported an increase in demand letters requesting damages for alleged violations under new and existing privacy laws. Under current data privacy legislation, companies can expect these claims to continue. Plaintiffs’ attorneys have relied on two statutes as a basis...
AI and Legal Privilege: Updates from Federal District Courts
AI and Legal Privilege: Updates from Federal District Courts US v. Heppner and Warner v. Gilbarco “Chat, is our conversation protected?” As usual, the answer may be “it depends.” Highlights from two recent federal district court cases, US v. Heppner and Warner v. Gilbarco, provide different answers to this question. The learning? If you are using AI tools for legal-related matters, you should think twice before entering personal information or other case-related information. United States v....