By: Yana Komsitsky, Paul Whinder, and Georgia Hill Smith
Artificial intelligence enabled tools are rapidly taking over recruiting, hiring, workforce planning, performance management, and employee monitoring tools. In a recent Westlaw Today article, Yana Komsitsky, Paul Whinder, and Georgia Hill Smith discuss which types of workplace applications are likely to be classified as high-risk under the EU
Continue Reading Is Your HR Technology About to Become a High-Risk AI System?By: Ala Salameh and Chelsea Hoffman
Seyfarth Synopsis: In the thick of college basketball season, it’s not just teams updating their playbooks- employers should also take a hard look at their handbooks as well. With rapidly evolving rules around AI, immigration, paid leave, social media, and workplace accommodations, now is the perfect time for a strategic review to avoid running
Continue Reading Navigating Through 2026 March [Policy] Madness: Employment Law Updates Employers Can’t Afford to Bench This Season
By Rachel V. See and Annette Tyman
Seyfarth Synopsis: On April 29, 2024, the Department of Labor published extensive guidance on the use of artificial intelligence in hiring and employment. While the guidance is addressed to federal contractors, all private-sector employers using or considering using artificial intelligence should pay attention. The guidance makes clear that long-standing nondiscrimination principles fully
Continue Reading Department of Labor Issues Comprehensive Artificial Intelligence “Promising Practices” Designed to Avoid Bias: All Employers Should Take Note
By Amy Abeloff, Lauren Gregory Leipold, and Owen Wolfe
Seyfarth Synopsis: In the wake of several Congressional hearings over the past year on AI and intellectual property, Representative Adam Schiff (D-California) has introduced the Generative AI Copyright Disclosure Act of 2024 (H.R. 7913). The proposed law addresses concerns over lack of transparency in the data
Continue Reading Longshot Legislation Reflects Interest in AI Regulation
The USPTO’s recent guidance on AI usage marks a critical moment for legal practitioners. This document emphasizes the necessity for both technical and human oversight in mitigating the risks associated with AI tools. The agency is committed to leveraging AI’s benefits across society while ensuring that these technologies do not compromise the integrity of legal processes.
The
Continue Reading Embracing AI in Patent Law: Navigating the USPTO’s Latest Guidance
By Lauren Gregory Leipold and Owen Wolfe
Seyfarth Synopsis: The class of plaintiff authors seeking to hold OpenAI liable for copyright infringement has faced yet another setback. The U.S. District Court for the Northern District of California has knocked out the majority of their claims, refusing to accept the blanket allegation that “every output of the OpenAI Language Model is
Continue Reading The Latest Chapter in Authors’ Copyright Suit Against OpenAI: Original Pleadings Insufficient
Seyfarth Synopsis: Following President Biden’s comprehensive Executive Order on AI, the White House announced the formation of the “US AI Safety Institute” within the Commerce Department’s technology arm, the NIST. The Institute has been directed to develop technical guidance used by regulators, such as the EEOC, considering rulemaking and enforcement on discrimination related to AI. The
Continue Reading How the Federal Government’s AI Risk Management Practices Will Set the Standard: A Closer Look at Government Action Following President Biden’s Executive Order on AI
By John T. Ayers-Mann and Jennifer Mora
Seyfarth Synopsis: On October 30, 2023, the Biden Administration issued a sweeping order on artificial intelligence. Among its numerous provisions, the Order touches on several issues of interest to employers. For employers with labor-related concerns in particular, the most significant provision could be the impact of the provisions relating to surveillance of workers.
Continue Reading Sweeping AI Executive Order Has Labor Implications for Employers
By Rachel V. See, Annette Tyman, and Joseph R. Vele
Seyfarth synopsis: President Biden’s Executive Order on artificial intelligence sets forth his vision for America to continue leading in AI innovation while also addressing risks associated with the use of AI. While much of the document delves into cutting-edge safety issues with national security implications, there are many
Continue Reading President Biden Signs Executive Order Setting Forth Broad Directives for Artificial Intelligence Regulation and Enforcement
By Adam R. Young, A. Scott Hecker, Daniel R. Birnbaum, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: Augmented Reality (AR), Virtual Reality (VR), and Artificial Intelligence (AI) have become increasing factors in construction and general industry workplaces, creating not only potential safety hazards employers must address, but also opportunities for businesses to modernize and improve
Continue Reading A Brave New World: How to Manage Safety Hazards From Augmented Reality (AR), Virtual Reality (VR), and Artificial Intelligence (AI)