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You ask a junior associate to draft a services agreement. A day later, a polished-looking document lands in your inbox. You later learn much of it was written not by the associate, but by a generative artificial intelligence (AI) tool.

This is no longer hypothetical. Generative AI is now used to draft and redline contracts, write and polish memoranda, and review volumes of documents in data rooms, among other things. Already in use at many firms, these tools offer…
Continue Reading When Associates Use AI: The Supervising Lawyer’s Responsibility

Since we last posted about the First Amendment rights of employees in 2012, the law has remained relatively stable but social media has exploded. And for the last 14 years, courts have been trying to figure out how speech made online affects the legal analysis regarding the First Amendment rights of government employees.
For a primer on the First Amendment rights of government employees, go back and look at Attorney Summer Murshid’s post from 2012. However, here are…
Continue Reading Social Media Posts and the First Amendment Rights of Government Employees

Artificial Intelligence (“AI”) has taken the world by storm. It seems no matter where you turn, AI is being promoted for all kinds of uses. By way of example, the City of Milwaukee recently announced that they will be using AI to address the increasing number of potholes around the city. It has also become apparent that more and more people are seeking legal advice from generative AI tools such as OpenAI ChatGPT, Anthropic Claude, and Google Gemini. While…
Continue Reading Why Employees Should Proceed with Caution when Using AI to Vet Potential Claims Against Their Employers

Gen AI literacy for new associates is expected, not optional. Yet most law schools have not caught up, and students are arriving in practice without the foundational skills to use these tools safely and effectively. Closing that gap need not mean a new curriculum or a major investment. It can be done by coordinating what a school already has.

That is the argument in my new article, Closing the AI Readiness Gap: A Framework for Law Schools, forthcoming…
Continue Reading New Article on Closing the AI Readiness Gap: A Framework for Law Schools

Artificial Intelligence (“AI”) is rapidly reshaping the way workplaces function, especially in health care. While AI offers meaningful opportunities to streamline employer processes and increase efficiency, its adoption is outpacing the development of legal standards and governance structures. Moreover, a patchwork of state and local laws that seemingly conflict with current federal policy further muddy the waters for employers attempting to assess and navigate the risks associated with AI use in the employment space.
AI’s Growing Role in Employment…
Continue Reading Navigating AI in the Workforce Without Clear Legal Guardrails

When a business owner sells only part of their company, social media accounts are too often treated as an afterthought. Yet these accounts are an overlooked asset holding enormous value: brand recognition, customer goodwill, and a strong existing audience that both sides of the transaction may expect to use after closing.

In scenarios where one location, division, or product line of a business is being sold while the rest is being retained, a single social media account for the

…
Continue Reading Who Owns the Social Media Account? Managing Digital Assets in Partial Business Sales

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Health care enforcement is entering a data-driven era in which artificial intelligence (“AI”) and large-scale analytics increasingly shape how fraud is identified and pursued, as reflected in the U.S. Department of Justice’s (“DOJ”) launch of the Fraud Oversight through Careful Use of Statistics (“FOCUS”) initiative.
Overview of the FOCUS Initiative
On April 7, 2026, DOJ launched the FOCUS initiative, a first-of-its-kind program formalizing the Civil Division’s engagement with data miners who file qui tam complaints under the False…
Continue Reading DOJ’s Data-Driven FCA Enforcement Initiative Raises Stakes for Health Care Providers

Many lawyers are not aware of website accessibility. Oftentimes a lawyer’s exposure to the issue of website accessibility is communications from a client receiving a letter stating that their website is not accessible or dealing with a potential lawsuit.

Unfortunately, due to the frequency of dealing with these letters and the often quick settlements, these letters have attracted a reputation as being filed by lawyers interested in nuisance settlements. However, that is frequently not the case, and a particular…
Continue Reading Why Website Accessibility Should Be on Every Lawyer’s Radar

Conversational AI Concept - Natural Language Processing - NLP - Computational Linguistics Concept
Conversational AI Concept - Natural Language Processing - NLP - Computational Linguistics Concept - AI-based Virtual Assistant Generating Voice as a Soud Wave

AI-generated impersonation is real, and it’s a problem. No question.

The legal challenge is identifying existing bodies of law to support claims and provide meaningful remedies. Copyright? Contract? Unfair competition? Privacy? Publicity? Kind of, but none of those fit the facts very well. All are like forcing a round peg into a square hole.

Recently, celebrities have started filing applications for US trademark registration to see if trademark…maybe…could be useful on this front. That’s all it is: a “maybe.”…
Continue Reading The Noise Over AI-Impersonation

The use of artificial intelligence in the hiring process promises a level of efficiency that would have been impossible just a few years ago. Employers can now deploy artificial intelligence tools that parse through applications almost instantly, score candidates on a 1–5 scale with accompanying reasoning, automatically sort applicants into pools, and even scan LinkedIn and other social media profiles to supplement evaluations. Some software claims to reduce screening time by as much as 75%. Yet this technological leap…
Continue Reading Artificial Intelligence in Hiring: Innovation Meets Legal Risk

The Universities of Wisconsin recently launched ASAP: AI Skills Access Passport, a free, seven-episode video series designed to help the general public build foundational AI literacy. I thought it was well done.  Each episode runs about two minutes. The series is sponsored by UW Credit Union.

Although ASAP is aimed at a general audience, it’s worth a look for legal professionals — and worth passing along to clients. The seven episodes cover:

  • What AI Actually Does — how

…
Continue Reading UW System Launches Free AI Literacy Series: The AI Skills Access Passport

There’s some consensus among lawyers that ethics rules already cover the responsible use of generative artificial intelligence in court submissions, but a recent petition to the Wisconsin Supreme Court is asking for more.

The rule change petition seeks to mandate explicit disclosure to the court and disclosure by the court when generative AI is used in the preparation of everything from court filings to opinions.

The petition was filed by frequent pro se (self-represented) litigant Jay Stone.

Stone’s

…
Continue Reading Generative AI Disclosure for Court Documents – Necessary or Redundant?

Under Wisconsin law, employees must first be the victim of identity theft or other concrete, imminent harm to have standing to sue employer for data breach. Mere risk of future data misuse is not enough to establish standing.

Business owners and executives are well aware of the risk of data breaches given the proliferation over the past decade or so. Many times we think of data breaches in terms of customer information only. What is often less pondered is

…
Continue Reading Wisconsin Signals Limitations on Employer Liability for Employee Data Breaches

AI copyright and law concept with magnifying glass and wooden blocks
Magnifying glass and wooden blocks with AI chip copyright and justice scale icons representing artificial intelligence copyright ethics and legal regulation concept

Artificial intelligence (AI) is rapidly becoming a part of the tools we use every day. AI can be found on our computers, our phones, our cars, and beyond. As AI systems grow more advanced, it becomes increasingly appealing to rely on them to generate content, ideas, and even finished works with little to no human input. But as AI takes on more of the creative process, a critical question emerges: what happens to the role of human authorship? When…
Continue Reading AI Made It. Now Who Owns It?

Once again, 2025 was a busy year for health care data privacy. Ensuring up-to-date and compliant data privacy and security programs and being able to assess, understand and adapt to the risk of evolving technologies will remain critically important in 2026. We continue to await updated regulations under both the Health Insurance Portability and Accountability Act (“HIPAA”) of 1996 and the Information Blocking Rule, both of which are subject to proposed rules likely to be finalized this year, which…
Continue Reading Health Care Privacy Law Takeaways for a Compliant 2026: Pay Attention to Patient Concerns

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