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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

Social media can directly impact the outcome of your divorce. What you share online — posts, photos, comments, or even what others tag you in — may be used as evidence in court. Understanding how your digital footprint affects legal decisions can help you protect yourself, your assets, and your family.
How may Courts use Social Media Posts?
Courts and attorneys regularly review social media to assess honesty, financial habits, and parenting skills. A single post can support or…
Continue Reading Social Media and its Influence on Divorce Proceedings

Teamwork in metaverse with Cyber City skyline
Digital human 3d rending idea

This week, consumer advocate lawyers filed a nationwide class action lawsuit against a California-based tech company, Eightfold AI, in California state court.

In a new approach to going after the use of AI in employment decisions, the two named plaintiffs and the proposed class allege Eightfold violated the Fair Credit Reporting Act (“FCRA”) by not giving job applicants notice of the use of AI in the application process nor giving them a chance to dispute any errors.

This lawsuit…
Continue Reading Can AI Applicant Screening Trigger FCRA Obligations? Lessons for Employers from the Eightfold AI Lawsuit

Vendors are going to use AI. In software work, it now sits inside everyday delivery: summarizing requirements, turning meeting notes into action items, accelerating early code scaffolding, generating test cases, even helping troubleshoot bugs. A services agreement works best when it assumes that reality and then asks a more practical question: where does the client’s information go, what rights attach to what comes back, and what stays true about ownership and confidentiality as tools evolve.

AI matters for IP…
Continue Reading AI in Vendor Workflows: Protecting IP Through Contract Design

Another week, another resolution. This time, we’re addressing the AI elephant in the room. While the use cases for AI are myriad, the legal landscape is somewhat unknown and rapidly developing. But, for better or worse, employees are using AI. So, from trade secret risks to proposed legal oversight, employers need to address AI now.

  • Stop Wondering If It’s Happening and Start Managing It

    • The biggest mistake an employer can make is assuming their workforce isn’t using AI because…
    Continue Reading Employer New Year’s Resolution #3: Address Artificial Intelligence

    Danger warning sign on screen of Artificial intelligence chatbot assistant on red background.

    Remember back in 2023 when everyone like me posted about the Mata v. Avianca case, which seemed to be the first (or at least, the first to earn national attention) case in which lawyers filed briefs with citations hallucinated by generative artificial intelligence. The lawyers ended up sanctioned, some of my nerd friends got a cool courtroom sketch out of it, and a lot of us thought that would be a sufficient cautionary tale. Don’t use AI if you…
    Continue Reading We Should All Know Better By Now, But We Don’t

    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

    More and more, I hear some version of the same question from business owners: “We made something valuable with the help of AI. Can we protect it?”

    Sometimes the “something” is obvious, like marketing copy, a logo, a photo, a product description, a training guide, or software code. Sometimes it is less obvious but more important, like a pricing model, a customer segmentation strategy, an internal workflow, or a set of prompts that reliably produces good results for the…
    Continue Reading Protecting AI-Influenced Work: Why Copyright and Patents Can Fall Short, and Why Trade Secrets Often Matter More

    Legal work runs on documents. Case files, contracts, discovery materials, correspondence – they accumulate. Whether you’re building a timeline from scattered dates, searching for contradictions in witness statements, or extracting key clauses from multiple agreements, the process is often slow, meticulous, and time consuming.
    In my recent Wisconsin Lawyer article, “NotebookLM for Lawyers: AI That Focuses on Your Documents”, I explore a different approach to AI in legal practice—one that focuses exclusively on your documents rather than pulling…
    Continue Reading NotebookLM for Lawyers: AI That Focuses on Your Documents

    Have you ever been frustrated that some important websites don’t offer email alerts or RSS feeds? Manually keeping track of changes can be very time-consuming. Fortunately, website monitoring tools solve this problem by automatically watching pages and sending notifications when changes occur.
    There are many website monitoring tools available, each with different features and capabilities. While there are multiple options available, I heard the most good things about Distill and Visualping so I gave them both a try.
    Continue Reading Monitoring Webpage Changes with Visualping