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Latest from Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Quick Hits
  • Under SB 951, Cal/WARN notices for job losses caused in whole or in substantial part by AI or other automated technology must include four additional items: (1) the number of affected layoffs (with classifications or occupations and work locations); (2) the job functions that will be automated; (3) the category or type of

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U.S. employers can no longer take a U.S.-centric view of artificial intelligence (AI) and data compliance. In a previous insight, we examined the EU AI Act’s extraterritorial reach for U.S. employers and the steps they would need to consider taking to build AI governance.

This insight goes further, exploring how employers can harmonise compliance

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Quick Hits
  • Colorado’s proposed AI regulations require employers to disclose the use of automated decision-making technology when making significant employment decisions starting January 1, 2027.
  • Employers would need to explain how AI influenced decisions and provide detailed information about the data sources used if an adverse outcome occurs.
  • The proposed rules emphasize transparency and consumer

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Quick Hits
  • AI-generated employee complaints can be lengthy and persuasive but may obscure the key facts and issues.
  • Employers could consider word limits for internal complaints while allowing exceptions and supporting evidence.
  • Focusing on main issues, allowing reasonable response times, and using AI carefully will help employers manage lengthy employee complaint submissions.

AI can make

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Quick Hits

  • The EEOC released a draft strategic plan for FY 2026–2030 on July 1, 2026, with public comments due by July 19, 2026.
  • The draft narrows or removes several priorities carried over from the current FY 2022–2026 plan, most notably around systemic enforcement, the agency’s own diversity-related workforce commitments, and AI in hiring.
  • Employers

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Quick Hits

  • The CAI found that Metro Inc.’s facial recognition pilot meets the necessity standard of the Act respecting the protection of personal information in the private sector (the Privacy Act).
  • Although it called facial recognition more intrusive than traditional video surveillance and the biometric data “sensitive,” the CAI held that the biometric bank does

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The changes—part of a broader EU simplification push following a provisional agreement reached between the Parliament, Council, and Commission on 7 May 2026—push back key compliance deadlines, introduce an outright ban on artificial intelligence (AI) tools used to generate nonconsensual intimate imagery, and resolve a long-standing overlap in the rules governing AI used in industrial…

Quick Hits

  • A Texas judge ruled that conversations with generative AI tools could be protected as attorney work product under Texas law, diverging from a recent landmark federal case.
  • The decision implies that using AI does not automatically waive privilege, as such conversations may not be likely to be disclosed to adversaries.
  • Employers may want

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Quick Hits

  • Businesses operating websites, online services, or applications primarily providing a forum for user-generated content may qualify as “covered platforms” subject to the TAKE IT DOWN Act’s notice-and-takedown requirements.
  • The act’s platform obligations can carry significant civil fines of up to $53,088 per violation.
  • Even employers that are not covered platforms may want to

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Quick Hits 

  • On May 14, 2026, Colorado Governor Polis signed Senate Bill 26-189, which repeals and replaces the 2024 Colorado AI Act.
  • The new law removes the 2024 act’s duty of care, risk management program, and impact assessment requirements in favor of a pre-use notice, a post-adverse-outcome disclosure, and a limited set of consumer rights

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