News & Analysis as of

Automated Decision Systems (ADS)

Lewitt Hackman

New California Regulations Target AI Use in Hiring Employees

Lewitt Hackman on

For many, using artificial intelligence is a common part of our everyday lives, particularly in internet searches. But it’s also used in doctors’ offices, schools, and many more workplaces....more

Cole Schotz

New Jersey Issues New Guidance Concerning AI in the Workplace

Cole Schotz on

Early this year, the New Jersey Office of the Attorney General and Division on Civil Rights (the “DCR”) issued new guidance (the “Guidance”) addressing how the New Jersey Law Against Discrimination (the “LAD”) applies to...more

Troutman Pepper Locke

AI in Employment: Navigating the Legal Landscape with Lessons from I, Robot — The Good Bot Podcast

Troutman Pepper Locke on

Join Troutman Pepper Locke Partner Brett Mason for a podcast series analyzing the intersection of artificial intelligence (AI), health care, and the law. In this installment of The Good Bot, Brett Mason is joined by Partners...more

Snell & Wilmer

No Robo Bosses: Proposed Legislation to Curb AI in the Workplace

Snell & Wilmer on

In recent years, the increasing use of automated decision systems(“ADS”) in employment practices has raised concerns over worker rights, privacy, and fairness. As AI systems become more sophisticated and widespread, the...more

Fisher Phillips

New EU Platform Work Directive Impacts Freelancers and Gig Economy: Here’s What Businesses Need to Know

Fisher Phillips on

The European Union took a big step last year towards regulating digital labor platforms – and member states will need to adopt the new directive before the end of 2026. The directive seeks to curb worker misclassification,...more

Perkins Coie

CPPA Signals Significant Revisions Ahead

Perkins Coie on

Key Takeaways - - The California Privacy Protection Agency (CPPA) is substantially revising its draft privacy regulations. - Definitions for automated decision-making technology (ADMT) and "significant decisions" are...more

Clark Hill PLC

The Learned Concierge - April 2025, Vol. 18

Clark Hill PLC on

Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries. ...more

Fisher Phillips

California Regulators Adopt New Discrimination Rules For Automated-Decision Systems: 3 Steps for Employers Using AI in the...

Fisher Phillips on

California regulators recently adopted regulations regarding automated-decision systems (ADS) in the workplace, aiming to protect against employment discrimination given the dramatic rise in artificial intelligence use in...more

Quarles & Brady LLP

Nearly Half of States Have Now Adopted NAIC Model Bulletin on Insurers’ Use of AI

Quarles & Brady LLP on

As of March 2025, 24 states have adopted the National Association of Insurance Commissioners (NAIC) Model Bulletin on the Use of Artificial Intelligence (AI) Systems by insurers with little to no material changes. As we...more

Holland & Knight LLP

A Regulatory Assessment of AI Performance Guarantees

Holland & Knight LLP on

With the warranty industry evolving in the U.S., companies seeking to modernize conventional warranties by leveraging advanced technologies such as artificial intelligence (AI) are faced with unique regulatory questions and...more

Foley & Lardner LLP

“No Robo Bosses Act” Proposed in California to Limit Use of AI Systems in Employment Decisions

Foley & Lardner LLP on

A new bill in California, SB 7, proposed by State Senator Jerry McNerney, seeks to limit and regulate the use of artificial intelligence (AI) decision making in hiring, promotion, discipline, or termination decisions. Also...more

Tucker Arensberg, P.C.

Ai in the Workplace Series - Part 2: From Harrisburg to the White House: the Digital Gold Rush is Leaving Employers in the Dark

Tucker Arensberg, P.C. on

This is the second installment in our AI in the Workplace series, where we explore the rapidly evolving landscape of artificial intelligence and its impact on employers. In Part 1, we examined worker surveillance and FCRA...more

McDermott Will & Emery

CPPA Releases Updates to Proposed CCPA Regulations

McDermott Will & Emery on

In advance of its April 4, 2025, board meeting, the California Privacy Protection Agency (CPPA) released a discussion draft of revisions to its proposed California Consumer Privacy Act (CCPA) regulations. These revisions...more

Clark Hill PLC

How to Explain Automated Decisions: Recent CJEU Decision and CPPA Rulemaking Offer Insight into ADM Explainability

Clark Hill PLC on

Automated decision-making, or ADM, is used for a wide range of use cases that impact individuals — from processing insurance claims and credit scoring, to ranking job candidates and offering personalized pricing or targeted...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Legislature Introduces Several Employment Law Bills for 2025

California lawmakers introduced numerous bills early in the 2025 legislative session that could affect California employment law in significant ways. Although it is too soon to predict which bills, if any, will advance, the...more

Fisher Phillips

4 Biggest Employer Takeaways From California’s New AI Policy Report

Fisher Phillips on

A high-profile AI policy report commissioned by California Governor Gavin Newsom has just set the stage for potential new AI regulation that could soon impact your hiring processes, workplace surveillance, and AI-fueled...more

WilmerHale

Comprehensive AI Bill Poised for Governor’s Signature in Virginia

WilmerHale on

On February 20, the Virginia legislature passed the High-Risk Artificial Intelligence Developer and Deployer Act (HB 2094), a bill that aims to prevent algorithmic discrimination by imposing requirements on businesses that...more

A&O Shearman

CJEU issues judgment on balancing the right of access and protecting trade secrets in automated decision-making processes

A&O Shearman on

On February 27 2025, the Court of Justice of the European Union (CJEU) delivered a judgment in CK v Dun & Bradstreet (Case C-203/22). This judgment clarifies the GDPR provisions regarding the right of access to personal...more

Fisher Phillips

California Lawmaker Proposes “No Robo Bosses” Act: What Employers Need to Know About Latest AI Legislation

Fisher Phillips on

Another California lawmaker wants the state to be at the forefront of AI regulation, unveiling the “No Robo Bosses” Act and taking direct aim at the use of AI in the workplace. Senate Bill 7, released by Senator Jerry...more

White & Case LLP

Automated Decision Making Emerges as an Early Target of State AI Regulation

White & Case LLP on

In the absence of comprehensive artificial Intelligence ("AI") regulation at the federal level, state and local legislatures have been busy considering their own AI legislation. Laws regulating automated decision making have...more

Fisher Phillips

California Introduces Another AI Anti-Discrimination Bill: What Employers Need to Know

Fisher Phillips on

A newly proposed California bill seeks to regulate artificial intelligence decision-making tools in employment and other key areas – but will this proposal suffer the same fate as last year’s doomed legislative efforts?...more

ArentFox Schiff

MA Job Applications Should Provide Notice That You Will Not Use a Lie Detector Test as a Condition of Employment

ArentFox Schiff on

Though most in-house counsel (and even a lot of employment lawyers) are unaware, M.G.L. c. 149, Section 19B makes it unlawful for any employer to subject its employees or job applicants to a lie detector test....more

Sheppard Mullin Richter & Hampton LLP

New Jersey Updates Discrimination Law: New Rules for AI Fairness

The New Jersey AG and the Division on Civil Rights’ new guidance on algorithmic discrimination explains how AI tools might be used in ways that violate the New Jersey Law Against Discrimination. The law applies to employers...more

McDermott Will & Emery

FDA Reveals AI Development Cheat Sheet in Highly Anticipated Draft Guidances

McDermott Will & Emery on

Early in the new year, the US Food and Drug Administration (FDA) released two anticipated draft guidance documents focused on artificial intelligence (AI): Artificial Intelligence-Enabled Device Software Functions: Lifecycle...more

Jackson Lewis P.C.

The Importance of Being Erroneous: Are AI Mistakes a Feature, Not a Bug?

Jackson Lewis P.C. on

No one intentionally sets out to make a mistake. Yet, it has long been recognized by some of our greatest innovators from Thomas Edison to Albert Einstein to Henry Ford that making mistakes (and learning from them) is the key...more

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