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Wednesday
Jul 2026
ArsTechnica has a follow-up to a Wall Street Journal piece about polymarket’s false advertising. Essentially, the old saw of “on the Internet, nobody knows you’re a dog” has become a business model for a new kind of snake oil.
“In its push to draw users to its unregulated platform, Polymarket has flooded social media with videos like [George] Makihara’s, which appear genuine at first glance,” the article said. “In reality,
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
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
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:
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?
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?
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.
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.
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
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
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