The following is part of our annual publication Selected Issues for Boards of Directors in 2025. Explore all topics or download the PDF.
Deployment of generative AI expanded rapidly across many industries in 2024, leading to broadly increased productivity, return on investment and other benefits. At the same time, AI was also a focus for lawmakers, regulators and courts. There are currently 27 active generative AI litigation cases in the U.S., nearly all of which involve copyright claims. Numerous state legislatures have mulled AI regulation, and Colorado became the first and only state thus far to pass a law creating a broad set of obligations for certain developers and deployers of AI.
Though Congress has yet to seriously engage with AI legislation, the SEC and the FTC have been using existing laws to bring AI-related enforcement actions. Numerous other federal agencies have hinted at potential regulation of AI, but the future of U.S. AI regulation is uncertain given the new administration and upcoming turnover in regulatory leadership. Meanwhile, the EU’s Regulation No. 1689 (the EU AI Act) entered into force after three years of legislative debate.