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Latest from Taft Stettinius & Hollister, LLP

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Over the years, I’ve found that most expert-driven cases are won or lost long before closing arguments. They usually turn on four decisions that companies make throughout the litigation. When those decisions are handled well, expert testimony becomes one of your strongest strategic advantages. When they aren’t, experts can quickly become one of the largest—and least effective—expenses in the case.Hiring the Right ExpertTechnical expertise is essential, but it’s only part of the job. The best expert witnesses can take complicated engineering issues, cybersecurity events, trade secret disputes, or government contract questions and explain them in a way that makes sense…
Continue Reading How Expert Testimony Becomes a Strategic Advantage

3D render of AI and GPU processors
Igor Omilaev, Unsplash

In mid-August, Taft published the latest edition of The Big Long List of U.S. AI Laws. The list now includes over 60 entries focused on the commercial regulation of AI by the states.

Despite persistent rumors to the contrary, AI law compliance is anything but a detail or triviality.

There is nothing particularly glamorous about notifying your job applicants of your AI, putting disclaimers on your chatbot, conducting risk assessments, disclosing data sources, developing policies, or ensuring contracting standards. But, increasingly, requirements such as these are required or advisable under law for a growing number of particular AI applications.
Continue Reading Big Long List of AI Laws – Notable Updates

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Companies today are more tied to a single ERP vendor than ever.

  • That dependency carries real risk unless you manage it well.

What is vendor lock-in?

  • It’s relying on one provider (like Oracle or SAP) for all your tech needs, instead of spreading systems across multiple vendors.

The risks: You lose control over your own data, get stuck with forced upgrade schedules that can hit during your busy season, and face steep price hikes at renewal since vendors know a full system overhaul is painful.

  • Some vendors also restrict data use to pressure upsells.
  • Notably, 94% of IT leaders now

…
Continue Reading Take Back Your Power: Overcoming ERP Software Vendor Lock-In

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Most ERP implementations fail — not because of the software itself, but because of unrealistic expectations set right from the start. In this video, I break down the “dirty secret” behind why so many companies pour millions into new ERP systems (SAP, Oracle, Microsoft Dynamics, NetSuite, etc.) only to end up over budget, behind schedule, and disappointed. Key takeaways:

  • Why 70-85% of ERP projects miss timelines, budgets, and expected business benefits.
  • How vendors’ sales hype ( “out-of-the-box in months!”) sets customers up for failure.
  • The hidden costs most organizations ignore: data migration, customizations, change management, training, and long-term support.
  • Common

…
Continue Reading The Dirty Secret Behind ERP Implementations

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AI is one of the few technologies I have seen in my career that will live up to the hype.

  • It goes without saying that using AI for the sake of AI makes no sense.
  • You must have a business case for it.

But what is the cost?

  • What rights are you giving up in your data in exchange for utilizing AI functionality in the context of your ERP system?
  • Who owns not only your data, but your customer’s data that is input into the ERP system? Are you putting confidential information at risk?
  • Are you losing trade secrets?
  • Who

…
Continue Reading The Risk Of AI In ERP Software

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General counsel face growing pressure to support aggressive AI adoption. At the same time, they must protect their organization’s legal and governance posture.

This video directly addresses that tension.

Employee resistance to AI rarely stems from a dislike of technology. It stems from unmanaged uncertainty about job security, performance evaluation, and data use. That uncertainty can lead to shadow AI use and even employee sabotage.

Watch to learn how to:

  • Spot early warning signs of AI-related behavior risk among employees.
  • Understand how those behaviors threaten data integrity, privilege, and compliance.
  • Reframe AI risk management as a legal function, not an

…
Continue Reading When Employees Don’t Trust AI: Sabotage, Shadow AI, and What In-House Counsel Should Know

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Artificial intelligence is moving into government contract performance.

  • AI now supports scheduling, logistics, and production planning on federal contracts.

Defense contractors are asking a critical question.

  • Does using AI on a Navy or other government contract give the government rights to your proprietary systems, methods, or data?
  • The short answer is no. The real risk lies elsewhere.

Vague AI transparency and explainability clauses can quietly expand disclosure obligations.

  • This contract language can erode trade secret protections that have existed for decades.

This video explains how government IP rights apply to AI-assisted performance and identifies the exposure points that general counsel…
Continue Reading Does Using AI on a Government Contract Put Your Trade Secrets at Risk? What Defense Contractors Need to Know

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Artificial intelligence is reshaping how lawyers research, draft, and advise.But AI has introduced two legal risks that users cannot ignore.

  • Courts are sanctioning attorneys for AI-generated errors in court filings.
  • And a February 2026 federal decision held that a client’s independent use of a public AI chatbot was not protected by attorney-client privilege.

This video explains both risks, outlines the decisions behind them, and identifies steps in-house counsel can take now, including AI-use policies and guidance for legal departments.

#ArtificialIntelligence #LegalEthics #AttorneyClientPrivilege #AILaw #LegalTechnology #industriallawyer #insurancelawyer #commericallitigation #privacylaw #datasecuritylaw #whitecollardefense #defenselaw #classactionlawsuits #AIlawsuits #AIdatabreach
Continue Reading When AI Becomes a Liability: Hallucinated Case Law, Sanctions, and the Privilege Waiver Risk

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If you are a Navy contractor, ship repair company, or defense supplier wondering whether using AI puts trade secrets at risk, you are asking exactly the right question. I see why this concern is growing. Federal agencies now operate under formal AI governance and acquisition guidance, which means contractors should expect more questions about oversight, documentation, and how AI-assisted decisions are made.My short answer is this: AI itself does not automatically hand your trade secrets to the government. The real risk usually comes from contract language, deliverable definitions, disclosure obligations, vendor terms, data handling, and how your team responds when…
Continue Reading Does Using AI Put Trade Secrets at Risk?

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Christopher Gower, Unsplash

Introduction and Background

In Feb. 2026, a public-private partnership headed by the U.S. Department of the Treasury concluded an investigative process aimed at strengthening cybersecurity and risk mitigation for AI in the financial services sector. The partnership consisted of executives from over 100 financial institutions, U.S. and international agencies, federal and state financial regulators, and other key stakeholders. One of the partnership’s key deliverables announced at the conclusion of the investigation is the Financial Services AI Risk Management Framework (“Financial Services AI RMF”), which adopts and expands the AI Risk Management Framework provided by the National Institute of Standards and…
Continue Reading Financial Services AI Risk Management Framework: Expanded Controls for the Financial Services Industry

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SAP is under formal EU antitrust investigation.

  • SAP is well known for using aggressive tactics to limit customers’ support options and creating questionable revenue-generating events.
  • What does this mean for you?

That’s what I discuss in this clip from my upcoming video.

#erpcommunity #erpfailure #saps4hana #oraclecontracts #softwarelawyer #sapservices #saphanacloudplatform #saas #erpcloud #teamtaft #sapcontracts #oraclelawsuit #oraclefailure #oracletermination #saptermination
Continue Reading SAP Under EU Investigation

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If you are moving fast with generative tools, the best legal practices when you use AI are not optional. They are what keep a promising brand from turning into a trademark dispute, a false advertising claim, or a costly rebrand.What are the best legal practices when you use AI for branding?The best legal practices when you use AI for branding are to keep meaningful human control, clear names and slogans before launch, verify every marketing claim, review vendor terms, document creative decisions, avoid lookalike prompts, and require legal signoff before a campaign goes live. That answer matters because the…
Continue Reading AI Efficiency Does Not Equal Legal Protection for Your Brand

Follow @alesnesetril on Instagram for more dope photos! Wallpaper by @jdiegoph (https://unsplash.com/photos/-xa9XSA7K9k)
Ales Nesetril, Unsplash

The Financial Industry Regulatory Authority (“FINRA”) and the U.S. Department of the Treasury (“Treasury”) (as part of a public-private partnership) have recently issued guidance regarding the use of AI by the financial services industry. This alert summarizes certain AI-related updates from the 2026 FINRA Annual Regulatory Oversight Report (the “Report”), and the Treasury partnership’s recently published AI Lexicon and Financial Services AI Risk Management Framework.

FINRA

FINRA’s 2026 Report contains a new section specifically devoted to generative AI (“GenAI”). The Report clarifies that “FINRA’s rules… and the securities laws more generally, continue to apply when firms use GenAI…
Continue Reading AI in the Crosshairs: New Guidance From FINRA and Treasury

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AI lawsuits are increasing as businesses use AI-generated logos and brand names without trademark clearance. Learn how the Lanham Act applies and how Taft can help mitigate risk.Artificial intelligence is transforming modern branding. Companies now use AI to generate product names, logos, taglines, social media campaigns, and even full-scale brand launches in minutes.The efficiency is undeniable. The legal exposure, however, is often overlooked.As discussed in recent legal commentary, businesses increasingly face AI lawsuits tied to trademark infringement, false designation of origin, and intellectual property disputes stemming from AI-generated branding.At Taft, attorneys working at the intersection of intellectual property, emerging…
Continue Reading AI Lawsuits: The Legal Risks of AI-Generated Branding

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Insurance coverage for trademark infringement lawsuits is far narrower than most executives realize. In this video, Bill Wagner, a partner in Taft’s Indianapolis office, explains what CGL policies may cover, why willfulness allegations destroy coverage, and how insurer-appointed defense counsel can put companies at risk.

Continue Reading Trademark Lawsuit Coverage Gap Most Executives Miss

Under new regulations effective January 1, 2026, California regulators now expect businesses to conduct an annual “cybersecurity audit” that assesses “how the business’s cybersecurity program protects personal information from unauthorized access, destruction, use, modification, or disclosure; and protects against unauthorized activity resulting in the loss of availability of personal information.”Now is the time to prepare for these requirements.As explained below, these requirements are detailed and contemplate a rigorous, professional, independent, evidence-based audit. Audit results must be shared with the California regulator under penalty of perjury.Applicability & Distinction from Risk AssessmentsCalifornia cybersecurity audit requirements apply generally to businesses which process the…
Continue Reading Understanding California Cyber Audit Requirements