Issue No. 5 looked at the gap between the AI policies companies write and the ones they follow.
This issue’s Spotlight, written by Task Force Co-Vice Chair Valerie David, asks who is policing AI
developers in the absence of a comprehensive federal AI law. Ten states, Florida first among
them, have now sued OpenAI under consumer protection laws already on their books, and
others are investigating how it tests its models.
Florida is again well represented. The Fourth District referred the lawyer in its “AI slop” case to
The Florida Bar, the Florida Supreme Court suspended a county judge who repeated a
fabricated recording of its justices, and a Miami federal court ordered a party to produce his AI
chats about the other side. The Attorney General proposed limits on AI chatbots for minors and
sued an AI image app whose terms, the complaint says, banned abuse the company never
policed. The Bar is also taking comments, through December 1, on what a planned ethics
opinion on agentic AI and AI notetakers should address; if you advise on either, this is the time to
weigh in. Elsewhere, the Fifth Circuit ordered a case reassigned after a judge’s order cited
parties and a case that did not exist, and the Tenth Circuit held that a firm’s use of AI does not by
itself make its billed hours unreasonable.
As always, every item links to a source you can read in full, grouped by topic so you can go
straight to what matters for your practice.
The Task Force welcomes your participation. If you come across an article worth sharing, have
an idea for the Task Force, or want to get involved, we want to hear from you. You can find us at
— The BLS AI Task Force
Read it here