Compliance Stuff

A summary of the current US landscape I. Introduction The rapid rise of generative artificial intelligence (AI) has pushed the issue of AI regulation to the forefront, but U.S. policy remains fragmented. The federal government has not passed comprehensive AI legislation, and current policy initiatives do not align with previous guidance from the National Institute of Standards and Technology (NIST) . In the absence of federal action, states are developing their own frameworks for AI regulations, with early actors having the opportunity to become trendsetters. But these AI frameworks may clash with the new administration’s pro-innovation stance, potentially leading to federal preemption or intervention in the enforcement of state AI laws. The federal government whispers about preemption but has failed to take any formal steps toward it. As a result, the U.S. AI regulatory landscape mirrors that of privacy laws: a patchwork of state laws supplemented with nonbinding federal guidance. T...

In today’s hybrid and remote work environment, organizations are increasingly turning to digital employee management platforms that promise productivity insights, compliance enforcement, and even behavioral analytics. These tools—offered by a growing number of vendors—can monitor everything from application usage and website visits to keystrokes, idle time, and screen recordings. Some go further, offering video capture, geolocation tracking, AI-driven risk scoring, sentiment analysis, and predictive indicators of turnover or burnout. While powerful, these platforms also carry real legal and operational risks if not assessed, configured, and governed carefully. Capabilities That Go Beyond Traditional Monitoring Modern employee management tools have expanded far beyond “punching in,” reviewing emails, and tracking websites visited. Depending on the features selected and how the platform is configured, employers may have access to: Real-time screen capture and video recording Automated t...

As state-level privacy laws continue to expand in the absence of federal legislation, businesses must prepare to meet a growing patchwork of requirements or risk penalties and reputational harm. In 2025, eight additional states' comprehensive privacy laws will come into effect, further increasing the complexity of compliance. By the end of next year, approximately 150 million Americans—43% of the U.S. population—will be covered by comprehensive state-level privacy regulations. Most of the activity next year will take place in January, when five states (Iowa, Delaware, Nebraska, New Hampshire, and New Jersey) have privacy laws going into effect, with three more following later in the year. Why This Matters Navigating this evolving landscape of state privacy laws is critical for most companies doing business within the United States. Non-compliance could lead to regulatory penalties, legal liabilities, and loss of consumer trust. The good news is that if your business is already in ...