California has enacted SB 947, the No Robo Bosses Act. It adds new Labor Code requirements for employers that use automated decision systems (ADS) to make disciplinary and termination decisions, and it takes effect July 1, 2027. Importantly, the No Robo Bosses Act makes clear that the California Consumer Privacy Act (CCPA) also must
AI Governance
Facial Recognition and AI in Hiring: A Reminder for Maryland Employers
As AI-powered hiring tools become more widespread, it is important to remember that some states have acted early and their laws should be reflected in an organization’s governance, risk, and compliance program. Maryland’s Labor and Employment Code Section 3-717 which became effective October 1, 2020, is one example. We break down the key requirements and…
AI-Powered Sextortion: A Growing Threat Your Workforce Needs to Know About
By Joseph J. Lazzarotti on
Posted in AI Governance
A family’s ordinary afternoon was shattered when an unknown number added multiple relatives, including a teenager, to a group chat and shared what appeared to be AI-generated explicit images of a family member, the Wall Street Journal (WSJ) reported. The goal was simple: to extort money by threatening to release the images more widely.
Negotiating HR Vendor Agreements in the Age of AI: Key Provisions and Considerations
Artificial intelligence is rapidly transforming human resources operations. From AI-powered recruiting platforms that screen résumés and rank candidates, to onboarding tools that personalize new-hire experiences, performance management systems that predict attrition, identity verification solutions using biometrics, and platforms administering ERISA-governed benefit plans, employers are increasingly relying on third-party vendors whose products are built on or…
California Bill to Address Wearable Recording Devices, including Glasses
By Joseph J. Lazzarotti on
Senate Bill (SB) 1130, legislation that would establish criminal penalties for certain uses of wearable recording devices, continues to move through the California legislature. I’ve had the honor of discussing this measure with staff of the bill’s sponsor, California State Senator Eloise Gómez Reyes, and anticipate there will be more efforts to enact laws…
IRS Office of Professional Responsibility (OPR) Issues AI Guidance: Tax Professionals Also Face AI Ethics and Compliance Obligations
For much of the past two years, discussions regarding generative artificial intelligence (AI) in professional services seems to have focused on lawyers, and perhaps for good reason. Courts have sanctioned attorneys who submitted briefs containing fabricated case citations. In response to these and other mishaps, several state bars issued ethics opinions often applying existing professional…
AI Hallucinations in Court Filings Continue: Florida Supreme Court Responds with a New Certification Requirement
By Joseph J. Lazzarotti on
Posted in AI Governance, Artificial Intelligence
Artificial intelligence has quickly become part of the modern lawyer’s toolkit. Attorneys are using generative AI platforms to assist with legal research, drafting, editing, and document review. While these technologies can improve efficiency, a growing number of court filings across the country demonstrate a significant risk: AI-generated hallucinations, including fabricated case citations, nonexistent authorities, and…
The Right Time for Bias and Validation Testing for AI is Now
By Eric J. Felsberg on
Posted in AI Governance
Employers are increasingly using artificial intelligence and other algorithmic tools to support workplace decisions, including recruiting, screening, interviewing, promotion, workforce planning, and performance management. These tools can improve efficiency and consistency, but they also introduce important compliance, reputational, and employee-relations considerations. Two concepts that often arise in AI governance are bias audits and validation testing.