by Lindsey Tonsager, Jayne Ponder, Carolyn Rashby, Bryan Ramirez - Covington Inside Privacy
On September 30, California Governor Gavin Newsom signed three laws that will regulate the use of AI in the employment context, starting in the new year. Below, we briefly summarize these developments, which we discuss in greater detail in our prior blog post. These laws join an existing body of California AI employment regulations.
by Lisa Brauner, Whiteford - JD Supra
Deepfakes have shifted from novelty to real risk for employers. Some identity fraud research indicates that overall deepfake and synthetic identity fraud attempts targeting organizations have surged globally. According to a report by GetReal Security, 41% of IT, cybersecurity, risk and fraud leaders say their company has hired and onboarded a fraudulent candidate.
Read more: https://www.jdsupra.com/legalnews/employment-law-update-are-you-for-real-2259112/
by Maureen E. Fulton, Nathan T. Sheeley - Koley Jessen
At least twelve states have enacted laws regulating consumer-facing AI chatbots, and more are expected to follow. Core obligations generally fall into three categories: AI-identity disclosure, suicide and self-harm prevention protocols, and protections for minors. With a handful of such laws containing a private right of action and the ability to recover statutory damages, businesses that deploy AI chatbots should evaluate their public-facing AI deployment.
by Jennifer Betts, Simone Francis, Danielle Ochs, Zachary Zagger, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - JD Supra
Colorado lawmakers have completed their hotly anticipated rewriting of the state’s landmark artificial intelligence (AI) law. While the new law shifts compliance from a risk-based to a transparency-based approach, it maintains significant notice-and-disclosure obligations for employers (referred to as “deployers” in the law), requiring them to disclose to employees and job applicants when an AI tool was used to make an adverse employment decision.
Read more: https://www.jdsupra.com/legalnews/multistage-notices-under-colorado-s-9472871/?origin=CEG
by A.J.S. Dhaliwal, James Gatto, Maxwell Earp-Thomas, Sheppart, Mullin, Richter & Hampton LLP - JD Supra
On February 25, Connecticut AG William Tong released a memorandum explaining how existing Connecticut laws may apply to artificial intelligence systems used in activities such as tenant screening, employment decisions, credit risk and loan determinations, insurance claims, and targeted consumer advertising. The memorandum outlines several statutory frameworks the Office of the Attorney General may use when addressing AI-related conduct, including Connecticut’s civil rights laws, the Connecticut Data Privacy Act, the Connecticut Unfair Trade Practices Act, and the Connecticut Antitrust Act.
Read more: https://www.jdsupra.com/legalnews/connecticut-ag-issues-memorandum-on-3671396/
by Joe Duball - iapp
The Maine Legislature has advanced a comprehensive privacy bill through both chambers, but uncertainty is still swirling around its fate.
The Maine Senate passed an amended version of Legislative Document 1822, the Maine Online Data Privacy Act, on a 20-14 vote 5 March. The original version of the bill passed the Maine House weeks prior, but the House will now debate the Senate amended version that includes a controversial exemption for political organizations.
by Andrew R. Lee, Jason M. Loring, Graham H. Ryan, Jones Walker LLP - The National Law Review
Several state AI employment laws — in Illinois, Texas, and Colorado — have either just taken effect or will take effect this year, imposing bias audits, notice requirements, appeal rights, and impact assessments on employers using AI in HR decisions. At the same time, the White House's Executive Order 14365, issued in December 2025, directed a new federal AI Litigation Task Force to challenge "burdensome" state AI laws as inconsistent with a minimally burdensome national AI policy framework. The result is a constitutional collision course that will directly shape how employers design and deploy algorithmic hiring tools.
by Fisher Phillips
Roughly 70% of employers now screen social media profiles as part of the applicant screening process – but manually scrolling through Facebook posts, X feeds, and Instagram photos is time-consuming and inconsistent. Enter social media AI investigations tools that promise to streamline the process. These platforms use natural language processing (NLP) to scan candidates’ public posts, analyze language patterns and sentiment, and generate personality assessments predicting traits such as teamwork, openness, adaptability, or leadership potential. The pitch is compelling: get deeper insights into candidates' “real” personalities beyond what resumes and interviews reveal, all while saving your HR team countless hours. But before you deploy AI to comb through applicants’ social media, you need to understand the significant legal risks these tools create and consider some best practices.
by Elena Miller, John Pavolotsky, Stoel Rives - Global Privacy & Security Blog - JD Supra
The new year is off to a quick start. February looms. Businesses are beginning to settle into 2026, and some trends (or at least outlines of such) are beginning to emerge. Businesses are digesting the AI and privacy bills that were signed into law last Fall. California Invasion of Privacy Act (CIPA) litigation shows no sign of abating. Perhaps the failure of SB 690 (see below), and another year of runway, is driving litigation in this space. As of January 21, 2026, 40 data breaches (impacting more than 500 California residents) have been reported to the California Attorney General, compared to 23 for the same period in 2025. Privacy class action litigation usually follows soon after reporting, suggesting that 2026 will be another, if not more, active year in that space.
Read more: https://www.jdsupra.com/legalnews/california-ai-and-privacy-legislation-1147632/
by Joe Duball - IAPP
U.S. President Donald Trump announced intentions to sign an executive order to curb state-level artificial intelligence laws with an eye toward spurring innovation. In an 8 Dec. Truth Social post, Trump said the order will put into place "ONE RULE" that aims to preempt any state-level "approvals" required to develop and deploy AI technologies.
