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Keeping Pace: How In-House Counsel Can Stay Ahead Of Rapidly Changing AI Laws – Above the Law

The
speed
of
AI
development
gets
most
of
the
headlines,
but
the
law
is
running
a
race
of
its
own.
Legislators
and
regulators
are
releasing
new
rules
at
a
pace
that
can
surprise
even
the
most
seasoned
compliance
teams.
For
in-house
counsel,
this
creates
a
constant
challenge:
how
to
give
sound,
forward-looking
advice
when
the
ground
under
your
feet
is
shifting.


The
Fastest-Moving
Rulebook
In
Tech

Unlike
more-established
areas
of
technology
law,
AI
regulation
is
in
a
period
of
constant
motion.
The
EU
AI
Act
is
nearing
implementation.
States
like
California
and
Colorado
are
experimenting
with
their
own
frameworks.
Sector-specific
guidance
is
emerging
for
industries
from
healthcare
to
finance.
Meanwhile,
countries
in
Asia,
the
Middle
East,
and
Latin
America
are
rolling
out
policies
tailored
to
their
markets.

A
product
that
meets
every
legal
requirement
at
the
time
of
launch
may
still
face
new
obligations
before
its
first
update.
This
volatility
means
that
compliance
cannot
be
treated
as
a
single
checkpoint.
It
must
be
a
continuous
discipline.


Building
A
Legal
Radar

Staying
ahead
begins
with
visibility.
In-house
counsel
should
develop
a
reliable
system
for
tracking
legislative
proposals,
draft
regulations,
and
enforcement
trends.
This
is
not
something
that
can
be
left
to
occasional
research.
It
requires
a
mix
of
automated
alerts,
regular
briefings
from
trusted
external
advisors,
and
active
participation
in
industry
groups
that
engage
with
policymakers.

The
goal
is
to
see
changes
coming
early
enough
to
adapt
strategy,
rather
than
reacting
in
a
scramble
after
the
rules
are
finalized.


Embedding
Law
Into
Development

When
legal
obligations
can
change
midstream,
product
development
must
be
able
to
absorb
those
changes
without
losing
momentum.
This
is
where
embedding
counsel
in
early-stage
planning
becomes
critical.
Legal
input
at
the
design
stage
ensures
that
requirements
are
considered
as
part
of
the
build
process,
not
as
unexpected
barriers
at
the
end.

If
a
proposal
for
stricter
transparency
rules
appears
halfway
through
development,
for
example,
a
team
with
legal
already
at
the
table
can
pivot
more
smoothly
than
one
that
learns
about
it
just
before
launch.


Designing
For
Flexibility

An
effective
way
to
manage
shifting
regulations
is
to
build
flexibility
into
the
product
itself.
Modular
design,
configurable
features,
and
adaptable
reporting
mechanisms
make
it
easier
to
comply
with
new
requirements
without
overhauling
the
entire
system.

On
the
organizational
side,
this
means
having
governance
processes
that
allow
for
quick
decision-making.
Roles,
responsibilities,
and
escalation
paths
should
be
clear
so
that
regulatory
changes
can
be
addressed
without
delay.


Turning
Change
Into
Opportunity

While
frequent
regulatory
updates
can
create
uncertainty,
they
also
open
doors
for
competitive
advantage.
Companies
that
can
adjust
faster
than
their
peers
can
enter
regulated
markets
sooner,
build
stronger
relationships
with
regulators,
and
signal
to
customers
that
they
take
responsible
AI
seriously.

In-house
counsel
is
in
a
unique
position
to
help
the
business
turn
adaptability
into
a
selling
point.
By
anticipating
legal
developments
and
guiding
agile
responses,
legal
teams
can
help
transform
compliance
into
a
tool
for
building
market
trust.


Leading
In
A
Moving
Landscape

AI
regulation
will
not
slow
down
any
time
soon.
Companies
that
thrive
will
not
be
the
ones
waiting
for
the
rules
to
settle
but
those
that
plan
for
constant
evolution.
For
in-house
counsel,
that
means
treating
legal
change
as
a
constant
design
factor,
not
an
occasional
obstacle.

The
ability
to
stay
informed,
adapt
quickly,
and
guide
the
business
through
regulatory
shifts
is
now
a
core
part
of
legal
leadership
in
the
AI
era.
The
companies
that
master
this
will
not
just
keep
pace
with
the
law.
They
will
help
shape
the
standards
that
define
the
future
of
AI.









Olga
V.
Mack
 is
the
CEO
of TermScout,
an
AI-powered
contract
certification
platform
that
accelerates
revenue
and
eliminates
friction
by
certifying
contracts
as
fair,
balanced,
and
market-ready.
A
serial
CEO
and
legal
tech
executive,
she
previously
led
a
company
through
a
successful
acquisition
by
LexisNexis.
Olga
is
also
a 
Fellow
at
CodeX,
The
Stanford
Center
for
Legal
Informatics
,
and
the
Generative
AI
Editor
at
law.MIT.
She
is
a
visionary
executive
reshaping
how
we
law—how
legal
systems
are
built,
experienced,
and
trusted.
Olga 
teaches
at
Berkeley
Law
,
lectures
widely,
and
advises
companies
of
all
sizes,
as
well
as
boards
and
institutions.
An
award-winning
general
counsel
turned
builder,
she
also
leads
early-stage
ventures
including 
Virtual
Gabby
(Better
Parenting
Plan)
, Product
Law
Hub
, ESI
Flow
,
and 
Notes
to
My
(Legal)
Self
,
each
rethinking
the
practice
and
business
of
law
through
technology,
data,
and
human-centered
design.
She
has
authored 
The
Rise
of
Product
Lawyers
, Legal
Operations
in
the
Age
of
AI
and
Data
, Blockchain
Value
,
and 
Get
on
Board
,
with Visual
IQ
for
Lawyers (ABA)
forthcoming.
Olga
is
a
6x
TEDx
speaker
and
has
been
recognized
as
a
Silicon
Valley
Woman
of
Influence
and
an
ABA
Woman
in
Legal
Tech.
Her
work
reimagines
people’s
relationship
with
law—making
it
more
accessible,
inclusive,
data-driven,
and
aligned
with
how
the
world
actually
works.
She
is
also
the
host
of
the
Notes
to
My
(Legal)
Self
podcast
(streaming
on 
Spotify, Apple
Podcasts
,
and 
YouTube),
and
her
insights
regularly
appear
in
Forbes,
Bloomberg
Law,
Newsweek,
VentureBeat,
ACC
Docket,
and
Above
the
Law.
She
earned
her
B.A.
and
J.D.
from
UC
Berkeley.
Follow
her
on 
LinkedIn and
X
@olgavmack.