Allowing employees to use generative AI (“GenAI”) comes with significant risks—such as the loss of confidentiality over sensitive firm and client information, mistakes occurring in important documents or decisions, loss of critical skills, and potential violations of contractual obligations and regulatory requirements. That said, one of the biggest AI risks comes from not letting employees use GenAI tools at all.…

With federal preemption of AI regulation appearing unlikely, having been removed by a vote of U.S. senators in the negotiation over the federal budget bill, it is a good time to take stock of U.S. state-level AI regulation. In the second half of 2024, many observers had predicted a rapid spread of EU‑style, cross‑sector “AI Acts” across the U.S. states. Colorado…

Two years ago, we outlined how directors should think about oversight of AI-related risks.  Since then, we have seen a steady increase in AI projects that sit squarely inside our clients’ core business functions, which raises three board oversight issues that we discuss in this Debevoise Data Blog update: (1) identifying core AI projects, (2) assigning specific management responsibility, and…

Whether copyrighted works can be freely used to train generative artificial intelligence (“AI”) models is at the core of dozens of lawsuits filed since AI burst onto the scene several years ago. This week, the Northern District of California issued two of the first opinions that begin to answer that question, but there remains a long road ahead before the…

At Debevoise, we have access to a lot of generative AI (“GenAI”) models. We’ve found different models to be good at different tasks for legal practice, and model capabilities are changing quite frequently.  But in light of the recent release of OpenAI’s o3 pro model, we thought it would be helpful to provide a quick guide on the comparative capabilities…