News & Analysis as of

Automated Decision Systems (ADS)

Brownstein Hyatt Farber Schreck

Congress Sets Its “AI” on the States: House Advances Moratorium on State AI Laws

The House version of the budget reconciliation package (H.R.1) includes a 10-year moratorium on state and local enforcement of “any law or regulation regulating artificial intelligence models, artificial intelligence systems,...more

K&L Gates LLP

2025 Year-To-Date Review of AI and Employment Law in California

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California started 2025 with significant activity around artificial intelligence (AI) in the workplace. Legislators and state agencies introduced new bills and regulations to regulate AI-driven hiring and management tools,...more

Constangy, Brooks, Smith & Prophete, LLP

AI job interviews: What we have to "look forward" to

Don't quit your current job! Bloomberg Law had a good article yesterday by Jo Constantz about AI-conducted job interviews. (Paid subscription may be required to access.) According to the article, many companies are now...more

Arnall Golden Gregory LLP

Locked Out: How a Federal Moratorium on AI Regulation Could Reshape Healthcare Oversight

On May 22, 2025, the U.S. House of Representatives passed the “One Big Beautiful Bill Act” (H.R. 1) by a vote of 215-214, which includes a significant provision imposing a 10-year moratorium on state and local regulation of...more

Sheppard Mullin Richter & Hampton LLP

California Regulator Releases Updated Draft Regulations, Scales Back Proposed AI Privacy Rules

California appears to be changing its approach to how it regulates artificial intelligence, likely reflecting its reaction to challenges seen recently in other states. Namely, the California Privacy Protection Agency recently...more

White & Case LLP

From California to Kentucky: Tracking the Rise of State AI Laws in 2025

White & Case LLP on

As artificial intelligence ("AI") systems and their use continue to advance, the regulatory landscape in the United States is rapidly evolving, but not in a uniform way. Unlike the European Union's comprehensive approach with...more

HaystackID

The Era of Shadow AI: New Challenges for Corporate Security

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Artificial intelligence is driving a transformation across industries, with unprecedented opportunities for innovation, automation, and efficiency. Yet as AI integrates more deeply into business processes, it also brings a...more

CDF Labor Law LLP

AI in Hiring: Litigation and Regulation Update

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The integration of Artificial Intelligence (AI) into employment decision-making has revolutionized how companies recruit, evaluate, and manage employees. These high-functioning AI tools are capable of screening job...more

McDermott Will & Emery

Update on NAIC’s Consideration of AI Model Law for Insurers

McDermott Will & Emery on

On May 12, 2025, the National Association of Insurance Commissioners’ (NAIC) Big Data and Artificial Intelligence (H) Working Group released a Request for Information (RFI), signaling that it may draft a model law to regulate...more

Cozen O'Connor

Bipartisan AGs: Federal Ban on State AI Regulations Does Not Compute

Cozen O'Connor on

A bipartisan coalition of 37 AGs sent a letter to leaders in the U.S. House of Representatives opposing a federal ban against state-level regulation of artificial intelligence (AI) systems. In the letter, the AGs argue that...more

A&O Shearman

FDPIC confirms direct applicability of data protection law to AI and outlines regulatory approach

A&O Shearman on

On May 8 2025, the Swiss Federal Data Protection and Information Commissioner (FDPIC) confirmed that the Federal Act on Data Protection (FADP) is directly applicable to AI-supported data processing. The FDPIC clarified...more

Holland & Hart - Employers' Lawyers

New AI Hiring Rules and Lawsuits Put Employers on Notice: What HR Needs to Know

Adam Bouka By Adam Bouka Artificial Intelligence (AI) is transforming how companies find, evaluate, and hire talent—but it’s also raising red flags among regulators and courts. Two big developments in May 2025 show that HR...more

Davis Wright Tremaine LLP

AI Screening Tools Under Scrutiny: Federal Court Preliminarily Certifies ADEA Collective Action

In an important decision for employers who use AI software in making hiring decisions, a California federal district court granted preliminary collective certification under the Age Discrimination in Employment Act (ADEA) to...more

Jackson Lewis P.C.

Exploring California’s Proposed AI Bill

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California lawmakers have proposed new legislation to reshape the growing use of artificial intelligence (AI) in the workplace. While this bill aims to protect workers, employers have expressed concerns about how it might...more

Fox Rothschild LLP

Ruling Allows IRS to Automate Review of Employee Retention Credit Claims

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A federal court has upheld the IRS’s right to use automated tools to review Employee Retention Credit (ERC) claims, rejecting a challenge brought by two tax preparation firms. In ERC Today LLC v. McInelly, the U.S. District...more

Dorsey & Whitney LLP

If Approved, Employers May See AI Employment Discrimination Regulations in California Go into Effect this Summer

Dorsey & Whitney LLP on

California workplaces may finally see new regulations addressing the use of artificial intelligence (AI) – specifically automated-decision systems (ADS) –in the employment context go into effect this summer....more

Fisher Phillips

Congressional Republicans Propose 10-Year Ban on State AI Laws: What It Could Mean for Employers

Fisher Phillips on

An influential House committee just advanced a sweeping proposal to impose a decade-long moratorium on state-level laws regulating artificial intelligence – a move that could dramatically reshape the regulatory landscape for...more

Pillsbury - Global Sourcing Practice

Legal Definitions of AI: Considerations and Common Threads

By now, we all know what AI is. Some of us use ChatGPT as our search engine, confidant, secretary, travel agent, and much more. Others, at least, are acutely aware that AI exists, because everyone else is talking about it,...more

Cozen O'Connor

Cozen Currents: The Shifting State(s) of Regulation

Cozen O'Connor on

“Republicans’ deregulatory agenda in Washington is already having ripple effects at the state level, in both red and blue ones alike, giving states a lane to step up and become de facto national regulators.”...more

Conn Maciel Carey LLP

California Legislature and Civil Rights Agency Focus on Potential Employment Law Pitfalls in Artificial Intelligence

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The California Civil Rights Division has finalized regulations addressing employer use of artificial intelligence and automated decision systems. The proposed regulations, which are pending approval with the Office of...more

Alston & Bird

CPPA Issues Revised Draft CCPA Regulations; Votes to Initiate Public Comment Period

Alston & Bird on

On May 1, 2025, the California Privacy Protection Agency (“CPPA”) Board convened to discuss revisions to the California Consumer Privacy Act (“CCPA”) draft regulations on cybersecurity audits, risk assessments, automatic...more

Integreon

Understanding Generative AI in Contract Lifecycle Management

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Generative AI is just beginning to fully integrate across the contracting lifecycle, from pre- to post-execution. Many of today’s providers specialize in niche processes only. Here are five examples of where generative AI is...more

Proskauer - Law and the Workplace

Another Legal Challenge to an AI Interviewing Tool

In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing...more

Ropes & Gray LLP

[Podcast] R&G Tech Studio: Navigating AI Literacy—Understanding the EU AI Act

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On this episode of the R&G Tech Studio podcast, Rohan Massey, a leader of Ropes & Gray’s data, privacy and cybersecurity practice, is joined by data, privacy and cybersecurity counsel Edward Machin to discuss the AI literacy...more

Fisher Phillips

Newsom vs. Privacy Watchdog? Why Battle Over California’s Proposed AI Rules Could Reshape the Future for Employers

Fisher Phillips on

California’s privacy regulator intends to advance sweeping new rules that would govern AI tools used for automated decision-making purposes – but Governor Newsom just stepped in and signaled concern that these rules could...more

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