AI gaps in the boardroom are becoming a reputational risk; Axios, April 2, 2026

 Eleanor Hawkins, Axios; AI gaps in the boardroom are becoming a reputational risk

"The big picture: Companies across every industry are being forced into rapid AI-driven transformation, but many corporate boards lack the expertise to guide strategy, manage risk or communicate decisions credibly to stakeholders.

By the numbers: Only 39% of Fortune 100 boards have any form of AI oversight, such as committees, a director with AI expertise, or an ethics board, according to McKinsey research.

Another recent report found that only 13% of S&P 500 companies have at least one director with AI-related expertise.

Similarly, McKinsey's survey of directors found that 66% say their boards have "limited to no knowledge or experience" with AI, and nearly one in three say AI does not even appear on their agendas.

And a report from the National Association of Corporate Directors (NACD) found that only 17% have established an AI education plan for directors, and 6% have a dedicated committee to oversee AI.

Between the lines: Having an AI-savvy board is a major competitive advantage, according to a recent MIT study."

Copyright and AI: Controlling Rights and Managing Risks; Morgan Lewis, September 23, 2025

  JOSHUA M. DALTON, Partner, Boston; COLLEEN GANIN, Partner, New York; MICHAEL R. PFEUFFER, Senior Attorney, Pittsburgh, Morgan Lewis; Copyright and AI: Controlling Rights and Managing Risks

"The law on copyright and AI is still developing, with courts and policymakers testing the limits of authorship, infringement, and fair use. Companies should expect continued uncertainty and rapid change in this space."

RIP American innovation; The Washington Post, May 12, 2025

Bina Venkataraman, The Washington Post; RIP American innovation

"That U.S. businesses have led the recent revolution in artificial intelligence is owed to the decades of research supported by the U.S. government in computing, neuroscience, autonomous systems, biology and beyond that far precedes those companies’ investments. Virtually the entire U.S. biotech industry — which brought us treatments for diabetes, breast cancer and HIV — has its roots in publicly funded research. Even a small boost to NIH funding has been shown to increase overall patents for biotech and pharmaceutical companies...

Giving out grants for what might look frivolous or wasteful on the surface is a feature, not a bug, of publicly funded research. Consider that Agriculture Department and NIH grants to study chemicals in wild yamsled to cortisone and medical steroids becoming widely affordable. Or that knowing more about the fruit fly has aided discoveries related to human aging, Parkinson’s disease and cancer.

For obvious reasons, companies don’t tend to invest in shared scientific knowledge that then allows lots of innovation to flourish. That would mean spending money on something that does not reap quick rewards just for that particular company.

Current business trends are more likely to help kill the U.S. innovation engine. A growing share of the country’s research and development is now being carried out by big, old companies, as opposed to start-ups and universities — and, in the process, the U.S. as a whole is spending more on R&D without getting commensurately more economic growth."

Beyond the hype: Key components of an effective AI policy; CIO, October 2, 2024

 Leo Rajapakse, CIO; Beyond the hype: Key components of an effective AI policy

"An AI policy is a living document 

Crafting an AI policy for your company is increasingly important due to the rapid growth and impact of AI technologies. By prioritizing ethical considerations, data governance, transparency and compliance, companies can harness the transformative potential of AI while mitigating risks and building trust with stakeholders. Remember, an effective AI policy is a living document that evolves with technological advancements and societal expectations. By investing in responsible AI practices today, businesses can pave the way for a sustainable and ethical future tomorrow."

Biden Issues Executive Order to Create A.I. Safeguards; The New York Times, October 30, 2023

  Cecilia Kang and David E. Sanger, The New York Times; Biden Issues Executive Order to Create A.I. Safeguards

"President Biden signed a far-reaching executive order on artificial intelligence on Monday, requiring that companies report to the federal government about the risks that their systems could aid countries or terrorists to make weapons of mass destruction. The order also seeks to lessen the dangers of “deep fakes” that could swing elections or swindle consumers."

Keyboard warriors: Ukraine’s IT army switches to war footing; The Guardian, March 12, 2022

Mark Sweney, The Guardian; Keyboard warriors: Ukraine’s IT army switches to war footing

"Sensing the threat, the IT Ukraine Association tested the sector’s readiness at the start of February with a survey question that would be unthinkable coming from a trade body in most countries: “Does your company have an emergency response plan for such cases as large-scale combat operations, lack of internet access, power outage etc?”

More than 90% said they already had, or were developing, plans to keep Ukraine’s tech sector able to continue to service domestic and international clients.

“It is about measures and actions to protect and make operations safe and able to continue,” says Konstantin Vasyuk, the association’s executive director. “Relocating vulnerable workers, ensuring data is in the cloud, alternative internet connections, transferring staff and specialists to western parts of Ukraine and countries in Europe. Things that can, and have, to be implemented very fast.”

And so far, the plans to maintain digital resilience have helped defy expectations about the level of disruption expected from the full-scale invasion by Russian forces...

“Not everyone is good with a gun,” says the IT Ukrainian Association’s Vasyuk. “People should be used as efficiently as they can. We are fighting with guns, with laptops, we will keep on going.”"

How to protect algorithms as intellectual property; CSO, July 13, 2020

Stacy Collett, CSO; How to protect algorithms as intellectual property

Algorithms can now be considered trade secrets or even patent-worthy. Prevent them from being stolen by taking these security steps.

"Intellectual property theft has become a top concern of global enterprises. As of February 2020, the FBI had about 1,000 investigations involving China alone for attempted theft of US-based technology spanning just about every industry. It’s not just nation-states who look to steal IP; competitors, employees and partners are often culprits, too.

Security teams routinely take steps to protect intellectual property like software, engineering designs, and marketing plans. But how do you protect IP when it's an algorithm and not a document or database? Proprietary analytics are becoming an important differentiator as companies implement digital transformation projects. Luckily, laws are changing to include algorithms among the IP that can be legally protected."

Narcan or No?; American Libraries, June 1, 2020

Anne Ford, American Libraries; Narcan or No?

Several years into the opioid crisis, public librarians reflect on whether to stock free naloxone

"“I think some libraries are concerned about liability, even though most states have Good Samaritan laws around naloxone,” Duddy says. “And I think some people feel there’s not an [opioid overdose] issue where their library is located.”

The libraries to which American Libraries spoke cited different reasons for not seeking the free Narcan."

[Podcast] Trade Secrets: Protection and Defense; Fish & Richardson, March 26, 2020

[Podcast] Leeron Kalay, Seth Sproul, Katie Prescott, Fish & Richardson; Trade Secrets: Protection and Defense

"Trade secrets derive economic value primarily from being unknown by others. But to establish the existence of a protectable trade secret, companies must demonstrate that they have taken reasonable steps to maintain the secrecy of the information in question. A robust trade secret strategy can both protect a company’s trade secrets while also allowing it to defend itself from accusations of trade secret theft. Companies must consider this strategy at all times, including:

• When recruiting and hiring new employees
• When handling employee departures
• When collaborating with business partners and prospects

In this webinar, Fish attorneys Katherine Prescott, Leeron Kalay, and Seth Sproul discuss how to craft a trade secret strategy that protects your company from accusations of trade secret theft while also protecting your company’s trade secrets.

Click the link to download a copy of the webinar slides.

Presenters: Leeron Kalay, Seth Sproul, Katie Prescott"

How To Teach Artificial Intelligence; Forbes, February 12, 2020

Tom Vander Ark, Forbes; How To Teach Artificial Intelligence

"Artificial intelligence—code that learns—is likely to be humankind’s most important invention. It’s a 60-year-old idea that took off five years ago when fast chips enabled massive computing and sensors, cameras, and robots fed data-hungry algorithms...

A World Economic Forum report indicated that 89% of U.S.-based companies are planning to adopt user and entity big data analytics by 2022, while more than 70% want to integrate the Internet of Things, explore web and app-enabled markets, and take advantage of machine learning and cloud computing.

Given these important and rapid shifts, it’s a good time to consider what young people need to know about AI and information technology. First, everyone needs to be able to recognize AI and its influence on people and systems, and be proactive as a user and citizen. Second, everyone should have the opportunity to use AI and big data to solve problems. And third, young people interested in computer science as a career should have a pathway for building AI...

The MIT Media Lab developed a middle school AI+Ethics course that hits many of these learning objectives. It was piloted by Montour Public Schools outside of Pittsburgh, Pennsylvania, which has incorporated the three-day course in its media arts class."

Five Ways Companies Can Adopt Ethical AI; Forbes, January 23, 2020

Kay Firth-Butterfield, Head of Artificial Intelligence and Machine Learning, World Economic Forum, Forbes; Five Ways Companies Can Adopt Ethical AI

"In 2014, Stephen Hawking said that AI would be humankind’s best or last invention. Six years later, as we welcome 2020, companies are looking at how to use Artificial Intelligence (AI) in their business to stay competitive. The question they are facing is how to evaluate whether the AI products they use will do more harm than good...

Here are five lessons for the ethical use of AI."

Why Businesses Should Adopt an AI Code of Ethics -- Now; InformationWeek, November 14, 2019

Gary Grossman, InformationWeek; Why Businesses Should Adopt an AI Code of Ethics -- Now

"Adherence to AI ethics breeds trust

According to Angel Gurria, Secretary-General of the Organization for Economic Co-Operation and Development (OECD): “To realize the full potential of [AI] technology, we need one critical ingredient. That critical ingredient is trust. And to build trust we need human-centered artificial intelligence that fosters sustainable development and inclusive human progress.” To achieve this, he adds that there must be an ethical dimension to AI use. This all underscores the urgency for companies to create and live by a responsible AI code of ethics to govern decisions about AI development and deployment.

The EU has developed principles for ethical AI, as has the IEEE, Google, Microsoft, Intel, Tencent and other countries and corporations. As these have appeared in only the last couple of years, AI ethics is very much an evolving field. There is an opportunity and critical need for businesses to lead by creating their own set of principles embodied in an AI code of ethics to govern their AI research and development to both further the technology while also helping to create a better tomorrow."

Can we make artificial intelligence ethical?; The Washington Post, January 23, 2019

Stephen A. Schwarzman , The Washington Post; Can we make artificial intelligence ethical?

"Stephen A. Schwarzman is chairman, CEO and co-founder of Blackstone, an investment firm...

Too often, we think only about increasing our competitiveness in terms of advancing the technology. But the effort can’t just be about making AI more powerful. It must also be about making sure AI has the right impact. AI’s greatest advocates describe the Utopian promise of a technology that will save lives, improve health and predict events we previously couldn’t anticipate. AI’s detractors warn of a dystopian nightmare in which AI rapidly replaces human beings at many jobs and tasks. If we want to realize AI’s incredible potential, we must also advance AI in a way that increases the public’s confidence that AI benefits society. We must have a framework for addressing the impacts and the ethics.

What does an ethics-driven approach to AI look like?

It means asking not only whether AI be can used in certain circumstances, but should it?

Companies must take the lead in addressing key ethical questions surrounding AI. This includes exploring how to avoid biases in AI algorithms that can prejudice the way machines and platforms learn and behave and when to disclose the use of AI to consumers, how to address concerns about AI’s effect on privacy and responding to employee fears about AI’s impact on jobs.

As Thomas H. Davenport and Vivek Katyal argue in the MIT Sloan Management Review, we must also recognize that AI often works best with humans instead of by itself."
 

Pennsylvania High Court Decision Regarding Data Breach Increases Litigation Risk for Companies Storing Personal Data; Lexology, January 8, 2019

Ropes & Gray LLP , Lexology; Pennsylvania High Court Decision Regarding Data Breach Increases Litigation Risk for Companies Storing Personal Data

"This decision could precipitate increased data breach class action litigation against companies that retain personal data. No state Supreme Court had previously recognized the existence of a negligence-based duty to safeguard personal information, other than in the narrow context of health care patient information."

Five Diversity And Inclusion Trends We Can Expect In 2019; Forbes, December 19, 2018

Janice Gassam, Forbes; Five Diversity And Inclusion Trends We Can Expect In 2019

"2018 was an eventful year for diversity and inclusion, with many companies creating winning diversity strategies and others struggling to create a culture of inclusion. What diversity and inclusion trends can be expected for 2019? What developments are predicted for the upcoming year?"

Intellectual Property The Hard Way: Part II; Forbes, September 11, 2018

Mary Juetten, Forbes; Intellectual Property The Hard Way: Part II

"Last month I started an interview series on intellectual property (IP) and also wrote a piece about general IP tips for startups here.  The goal is to use actual stories and experts in the field to help others avoid IP mistakes or failures or infringement, and more importantly to ensure that companies of all sizes identify, protect, and monetize their valuable intangible assets. As has been discussed many times, these assets often make up 90% of a startup’s valuation."

Best Practices For Developing, Managing And Protecting Your Company's Intellectual Property; Forbes, August 16, 2018

Chalmers Brown, Forbes; Best Practices For Developing, Managing And Protecting Your Company's Intellectual Property

"Every company has some type of intellectual property (IP). It's that product or service that you have developed that sets you apart from other companies and frames your business, its purpose and its growth potential. Therefore, you want to keep developing, managing and protecting that IP in a way that drives more value and stimulates sustainable growth. It's also important that there is some type of exit strategy in place since most companies are acquired primarily due to their IP assets.

As someone who's created my own startups and is now working with others on theirs to help develop technology, I've gained a greater understanding of how to take care of these assets as an IT executive so that I might provide others with best practices to implement with their own IP. Previously, I did not prioritize IP in the way I should have. Here are some best practices to employ:"

The 7 stages of GDPR grief; VentureBeat, April 29, 2018

Chris Purcell, VentureBeat; The 7 stages of GDPR grief

"All of the systems we’ve built around handling personal data will need to be re-engineered to handle the new General Data Protection Regulation (GDPR) rules that go into effect that day. That’s a lot to accomplish, with very little time left.

While the eve of the GDPR deadline may not start parties like we had back on New Year’s Eve 1999 — when people counted down to “the end of the world” — stakeholders in organizations across the globe will be experiencing a range of emotions as they make their way through the seven stages of GDPR grief at varying speeds.

Like Y2K, May 25 could come and go without repercussion if people work behind the scenes to make their organizations compliant. Unfortunately, most companies are in the earliest stage of grief – denial – believing that GDPR does not apply to them (if they even know what it is). Denial rarely serves companies well. And in the case of GDPR non-compliance, it could cost them fines of up to 20 million euros ($24 million) or four percent of global annual turnover, whichever value is greater.

Luckily, there are sure-tell signs for each grief stage and advice to help individuals and their employers move through each (and fast):..."

Research: A Strong Privacy Policy Can Save Your Company Millions; Harvard Business Review, February 15, 2018

Kelly D. Martin and 

Abhishek Borah and 

Robert W. Palmatier, 

Harvard Business Review; Research: A Strong Privacy Policy Can Save Your Company Millions

"Our research shows that data breaches sometimes harm a firm’s close rivals (due to spillover effects), but sometimes help them (due to competitive effects). What is more, we found that a good corporate privacy policy can shield firms from the financial harm posed by a data breach — by offering customers transparency and control over their personal information — while a flawed policy can exacerbate the problems caused by a breach. Together, this evidence is the first to show that a firm’s close rivals are directly, financially affected by its data breach and also to offer actionable solutions that could save some companies hundreds of millions of dollars.

Our research shows that sometimes a breach creates spillover, where investors perceive a guilt-by-association effect that harms the breached firm’s close rivals."

Do You Really Need to Store That IoT Data?; Inside Counsel, August 7, 2017

Justine Young Gottshall, Inside Counsel; Do You Really Need to Store That IoT Data?

"Not only are companies collecting a massive amount of data generated by the Internet of Things (IoT), they are storing it too. According to a survey of 1,000 enterprises conducted by 451 Research, 71 percent of enterprises are gathering IoT data and nearly half of the data generated are being stored. What the survey doesn't reveal is if companies are considering the legal implications of storing IoT data and preparing to deal with demands for that data from outside entities.

Some contend that the IoT is on the brink of changing life as we know it. According to Gartner, 20.8 billion objects will be connected to the internet by 2020. On their own, droves of these data-generating things will churn out an inconceivable amount of intriguing data about our patterns of behaviors."