Technology Law Blog, IT Law & Articles | Foster Swift

Trump AI Order Explained: Cybersecurity Priorities and Compliance Impact

Lindsey M. Mead — Mon, 29 Jun 2026 09:00:01 -0400

On June 2, 2026, the Trump Administration issued a new executive order regarding advanced artificial intelligence (“AI”). Executive Order 14409, titled “Promoting Advanced Artificial Intelligence Innovation and Security” (“Executive Order 14409”), provides that it is the policy of the United States to promote AI innovation without imposing overly burdensome regulation, while simultaneously strengthening cybersecurity and national security infrastructure.

It is the stated purpose of Executive Order 14409 to promote working collaboratively with private ...

Should Influencers Form an LLC? Key Advantages and Legal Considerations

Lindsey M. Mead, Olivia K. Reid — Wed, 29 Apr 2026 09:00:02 -0400

Since the 2010s, social media platforms have become one of the most popular uses of the internet, transforming the way individuals all over the world connect, share content, and build personal brands. As social media has grown, it has given rise to social media influencers – a term only recently added to the Merriam-Webster dictionary in 2019. Influencers have now turned their personal brands into thriving businesses of their own. Companies across the globe have partnered with influencers to market their products, and influencers have turned their online presence and posts into ...

AI-Generated Documents and Privilege: Why Public GenAI Use May Waive the Attorney-Client Privilege and Work Product Doctrine

Taylor A. Gast, Lindsey M. Mead — Thu, 16 Apr 2026 09:00:03 -0400

What is the background on the Heppner decision?

On February 17, 2026, in the case of United States of America v. Bradley Heppner, No. 25 CR. 503 (JSR), 2026 WL 436479 (S.D.N.Y. Feb. 17, 2026), the United States District Court for the Southern District of New York (the “Court”) held that documents generated by the defendant with generative artificial intelligence (“AI”) through a publicly-available AI platform were not protected by the attorney-client privilege or work product doctrine.

Whether, when an end-user prompts and communicates with a publicly available AI tool or ...

New DIFS Bulletin Regard Use of AI by Financial Service Providers

Taylor A. Gast, Lindsey M. Mead — Fri, 20 Mar 2026 09:00:04 -0400

Introduction

The State of Michigan’s Department of Insurance and Financial Services (“DIFS”) has issued Bulletin 2026-03-BT/CF/CU, titled Use of Artificial Intelligence Systems by Financial Service Providers (the “Bulletin”).

The 10-page Bulletin reminds financial service providers regulated by DIFS that if analytical and computational technologies, including artificial intelligence (“AI”) systems, are used to make decisions that may impact consumers, such actions must comply with all applicable laws, rules, and regulations. Among other topics, the ...

White House Unveils Sweeping AI Strategy, “America’s AI Action Plan”

Taylor A. Gast, Lindsey M. Mead — Tue, 29 Jul 2025 09:00:05 -0400

Following Executive Order 14179 from January 23, 2025 titled Removing Barriers to American Leadership in Artificial Intelligence, President Donald Trump’s administration has unveiled its awaited artificial intelligence (“AI”) roadmap to cement the United States as a front runner in the “race to achieve global dominance in [AI]”.

The plan, titled American’s AI Action Plan (the “Plan”), is a 28-page document that outlines more than 90 federal policy actions under three strategic pillars: (1) accelerating innovation; (2) building American AI ...

Corporate Leadership Considerations in the Age of AI

Lindsey M. Mead — Mon, 23 Jun 2025 09:00:06 -0400

It is no surprise that generative artificial intelligence (“AI”) is changing the way companies all over the world operate. Some are embracing it with open arms and finding consistent opportunities to integrate AI into the workplace. Other businesses have found themselves at a standstill in terms of incorporating AI into their preexisting tools and technology, wondering whether embedding AI into their systems is a necessary step to stay relevant or one that may take them away ...

Recommendations on AI and Copyrightability from the U.S. Copyright Office’s Latest Report

Lindsey M. Mead — Tue, 06 May 2025 09:00:07 -0400

To hear more on this topic, business & IP attorney, Lindsey Mead, recently appeared on an episode of Expert Connexions to discuss the copyrightability of AI-generated content. See the interview here.

The United States Copyright Office (the “Office”) released the latest part in its Report on Copyright and Artificial Intelligence on January 29, 2025. Part 1, titled “Digital Replicas” was published on July 31, 2024 and discussed videos, images, and audio recordings that are manipulated to falsely depict individuals and information. This practice of creating ...

Robot Lawyers? FTC Targets AI Legal Services

Robert A. Hamor — Fri, 07 Mar 2025 09:00:08 -0500

The Federal Trade Commission (FTC) is continuing its firm stance in regulating companies making unsubstantiated or exaggerated claims about their products or services employing artificial intelligence (AI).

What is a Deepfake and How Might it Impact Your Business?

Taylor A. Gast, Lindsey M. Mead — Tue, 29 Oct 2024 09:00:09 -0400

With the rise of generative artificial intelligence (AI) and its various synthetic media outputs, deepfakes are just one of many new risks to businesses. Deepfakes pose considerable threats to companies, potentially damaging reputation, trust, and financial stability through malicious impersonation and manipulation of digital content.

Implications of FTC’s Final “Click-to-Cancel” Rule: Simplifying Consumer Cancellations

Joel C. Farrar, Taylor A. Gast, Lindsey M. Mead — Thu, 17 Oct 2024 09:00:10 -0400

Yesterday, on October 16, the Federal Trade Commission (“FTC”) issued final amendments to the “Rule Concerning Recurring Subscriptions and Other Negative Option Programs”, also referred to as the “Click-to-Cancel” Rule (the “Rule”). See the following link from the FTC’s website for more information: Federal Trade Commission Announces Final “Click-to-Cancel” Rule Making It Easier for Consumers to End Recurring Subscriptions and Memberships | Federal Trade Commission (ftc.gov).

DOL Echoes Employee Benefits and Cybersecurity Best Practices

Amanda J. Dernovshek, Taylor A. Gast, Mindi M. Johnson — Wed, 02 Oct 2024 09:00:11 -0400

On April 14, 2021, the U.S. Department of Labor’s (“DOL”) Employee Benefits Security Administration (“EBSA”) issued its first cybersecurity best practices guidance for retirement plans. The EBSA guidance was highly anticipated as the frequency and cost of data breaches affecting employee benefit plans continues to rise.

AI Legal Issues That Can Impact Your Business

Taylor A. Gast, Lindsey M. Mead — Wed, 20 Mar 2024 09:00:12 -0400

Many businesses are using Artificial Intelligence (AI) tools in a variety of innovative ways to improve productivity and to save time and money. According to a 2023 Forbes article (forbes.com/advisor/business/software/ai-in-business/), 1 in 3 businesses plan to use ChatGPT to write their website content while 97% of business owners believe it will help their business.

The Importance of Adopting an E-Signature Policy for Your Business

Amanda J. Dernovshek, Lindsey M. Mead, Charlie Sarchet (Law Clerk) — Wed, 17 Jan 2024 09:00:13 -0500

Given the ever-changing landscape and increasing popularity of remote work, the use of electronic signatures (“e-signatures”) is on the rise. Business in general is going virtual, causing electronic transactions and online interactions to become more common. To accommodate this new digital environment, legislators have passed laws to permit the use of e-signatures to bind individuals to electronic agreements. In addition to keeping up with the evolution of online business, providing your organization with a reliable e-signature policy is pivotal to ensure clear reliance on and expectations for e-signatures.

Risks Make AI Workplace Policies a Requirement

Taylor A. Gast — Tue, 29 Aug 2023 09:00:14 -0400

Artificial intelligence (AI) is fast becoming an integral element in the operation of virtually every business and organization.

Legal Insights Into Businesses Using AI

Taylor A. Gast — Mon, 07 Aug 2023 09:00:15 -0400

The AI Revolution is here! Startups across our region are using AI tools in innovative new ways. But could there be legal pitfalls you haven’t considered?

Cybersecurity Month Serves as Reminder to Take Proactive Steps

Taylor A. Gast — Mon, 24 Oct 2022 09:00:16 -0400

Whether you are the CEO of a big corporation working in the office six days a week or an analyst working remotely from home entering data, everyone is at risk of a cyber-attack. Despite the fact that all organizations, regardless of size, are at risk, few have preventative measures in place, or have even planned for how they would respond in the event of an attack.

Cybersecurity Impact on Small Businesses in Wake of Colonial Pipeline

Taylor A. Gast — Wed, 08 Sep 2021 09:00:17 -0400

In the wake of the Colonial Pipeline ransomware attack, cyber attacks such as ransomware and phishing continue to be a major threat for all businesses, large or small. Even with precautions in place, it is not a matter of "if" but "when" a business will experience an attack. In the case of Colonial Pipeline, the hackers not only demanded and received millions from Colonial Pipeline in May 2021, but the resulting ransomware attack forced the company into a fuel distribution shutdown, making headlines across the country and causing gas shortages on the east coast. The attack also compromised thousands of individuals' personal information.

Virtual Panel: TikTok, WeChat & More: Talking Tech and IP in The U.S. & China

Mon, 01 Feb 2021 09:00:18 -0500

The U.S. and China compete for global dominance in the areas of tech and innovation; however, in an era of global firms and global citizens they must also learn to cooperate.

Children's Online Privacy Protection Act: Are You Compliant?

Amanda J. Dernovshek, Taylor A. Gast — Mon, 27 May 2019 09:00:19 -0400

The Children’s Online Privacy Protection Act (“COPPA”) was enacted in 1998 and was created to address concerns with the online collection of children’s personal information. Recently, the Federal Trade Commission (“FTC”) has announced several large fines for companies not in compliance.

Pros and Cons of Software as a Service ("SaaS")

Thu, 11 Jan 2018 09:00:20 -0500

Today, the use of software as a service ("SaaS") is widespread and the cybersecurity considerations are an afterthought.