Our AI Quarterly publication brings together the firm’s latest AI focused practical insights, key developments, and upcoming programs all in one place, including relevant writings, events, and firm news.
Insights
FTC Proposes Enforcement Policy Statement on Personalized Pricing
On August 19, 2026, the Federal Trade Commission (FTC) announced that it is seeking public comment on a proposed enforcement policy statement about personalized pricing. The proposed statement makes clear that the FTC intends to scrutinize personalized pricing practices under Section 5 of the FTC Act and marks the latest development in the FTC’s ongoing focus on how much consumers are being charged for goods and services.
Connecticut Court Issues First Prompt Injection Sanctions
A Connecticut pro se plaintiff has been caught—and sanctioned for—attempting to manipulate a court he believed was relying on an artificial intelligence tool to reach decisions by hiding instructions directed to the tool in court filings. The court held that the plaintiff’s attempted use of an AI “prompt injection” attack offended the integrity of the proceedings, and revoked the plaintiff’s electronic filing privileges. The episode is both a cautionary tale about an emerging AI security vulnerability and a signal of broader judicial concerns with AI use in legal proceedings.
IBM’s 2026 Cost of a Data Breach Report Signals a New Era of AI-Driven Cyber Risk
On July 29, 2026, IBM released its Cost of a Data Breach Report 2026, which highlights the changing cyber threat landscape in which artificial intelligence is accelerating how threat actors identify vulnerabilities, launch attacks, and exploit compromised systems. These trends are reflected in rising average breach costs, with the global average cost rising 12% to a record $4.99 million and the U.S. average reaching $11.5 million, up 14% from last year.
European Commission Publishes New Guidelines and Code of Practice on GenAI Transparency
On July 20, 2026, the European Commission published new Guidelines on Transparency Obligations for Providers and Deployers of AI Systems to complement the Code of Practice on Transparency of AI-Generated Content it released on June 10, 2026. The materials arrive just weeks before the AI Act’s transparency obligations take effect on August 2, 2026, and give businesses clearer direction on how to identify, label, and disclose AI-generated content in practice.
EU Regulators Outline GDPR Requirements for AI Web Scraping
On July 8, 2026, the European Data Protection Board, the body that coordinates the EU’s national data protection authorities, published its first draft of Guidelines 03/2026 on Web Scraping in the Context of Generative AI. The guidelines address practical compliance challenges for companies that develop AI models or systems and scrape personal data from internet sources to train generative AI, as well as companies that rely on third parties to carry out that scraping. They also matter for deployers and enterprise customers of downstream AI models and systems, including businesses using AI in EU-facing products, services, or operations.
The White House’s Gold Eagle Initiative Signals a New Phase in AI-Enabled Cyber Defense
The White House has launched “Gold Eagle,” a new cybersecurity vulnerability coordination clearinghouse designed to use advanced AI capabilities to accelerate how the government and industry identify, prioritize, verify, and remediate software vulnerabilities. The initiative was established under the June 2, 2026 Executive Order Promoting Advanced Artificial Intelligence Innovation and Security and is being framed by the White House as a new operational model for cyber defense.
GSA Seeks Input on Revised AI Data Safeguarding Clause for Government Contracts
On July 14, 2026, the General Services Administration (GSA) held a public listening session to gather stakeholder feedback on a revised draft General Services Administration Acquisition Regulation clause addressing the basic safeguarding of government data within large language model artificial intelligence systems. The session—part of the GSA’s second round of engagement on the draft clause—invited industry associations, companies, academics, and individual practitioners to comment on the clause’s strengths, weaknesses, and practical improvements.
Five Eyes Issues Urgent Call to Action on AI-Driven Cyber Threats
On June 22, 2026, the intelligence alliance known as Five Eyes released a statement warning that frontier AI models will fundamentally transform offensive and defensive cyber capabilities and that the timeline for this transformation is measured in months, not years. Five Eyes emphasized that AI is “not a future consideration—it is already here.” They warned that AI lowers barriers for malicious actors, increases the speed and complexity of attacks, and shrinks the window between vulnerability discovery and exploitation.
Publications
- August 10, 2026 – Alexis Gilman and Drew Wilson published “Antitrust Advisory | Third Circuit Revives Algorithmic Price-Fixing Suit Against Atlantic City Hotels.”
- July 30, 2026 – Kim Peretti, Lance Taubin, and Alysa Austin published “Privacy, Cyber & Data Strategy Advisory | Autonomous Hacking: Planning for the AI Cyber Agent That Goes Rogue.”
- July 23, 2026 – Elizabeth Clark, Courtney Quirós, and Charlotte Bohn published “Securities Litigation Advisory | Securities Class Action Filings Surge in the First Half of 2026 as AI-Related Filings Accelerate.”
Events
- October 12–13, 2026 – Cynthia Cole will speak on the panel “Keeping Up with AI: The Latest Regulation and Governance” and Kim Peretti will speak on the panel “Human in the Loop: An AI Crisis Tabletop” during the 2026 Artificial Intelligence and Robotics National Institute.
- October 7, 2026 – Sean Sullivan will be speaking on the panel, “Who’s Practicing Here? AI, Professional Judgment, and the Law” at the 2026 Advanced Health Law Seminar.
- October 1, 2026 – Cynthia Cole and Jennifer Everett will present “AI Governance in Action CLE Seminar & Reception.”
- September 30, 2026 – Dorian Simmons will moderate “The Clause and Effect: Designing Effective Dispute Resolution for Technology and Data Disputes” hosted by IAPP as part of its KnowledgeNet meeting series.
- September 29, 2026 – Kim Peretti and Lance Taubin will present “AI Under Fire: Emerging Risks, Real-World Incidents, and Practical Response Strategies” for the 18th program in Alston & Bird’s AI Legal Insights: Shaping Tomorrow webinar series.
- September 8, 2026 – Kelly Hagedorn and Paul Greaves presented on cyber & AI during the TACT 2026 Loan Capital & Capital Markets Conference.
- September 1, 2026 – Zachary Higbee, Andrew Liebler, and Jennifer Pike presented “Health Data Monetization in the Age of AI: Navigating HIPAA, Regulation, Risk, and Innovation” for the 17th program in Alston & Bird’s AI Legal Insights: Shaping Tomorrow webinar series.
- August 31 – September 3, 2026 – Lance Taubin spoke on the panel “Beyond the Board Meeting: Building the Board Relationship That Makes AI Governance Work” during CrowdStrike’s Fal.Con 2026: Securing the AI Revolution.
- August 26, 2026 – Alston & Bird hosted the Seventh Annual Privacy, Cyber & Data Strategy Summit. Kim Peretti moderated the panel “Frontlines of Cyber Defense: Fighting AI with AI” and Lance Taubin and Ashely Miller presented on the panel “Closing the Gap: Why GC-CISO Alignment Is Critical in the AI Cyber Era.”
- August 20, 2026 – Cynthia Cole and Jennifer Everett presented “AI & Privacy: Building Trust in the Age of Intelligent Systems” for the 16th program in Alston & Bird’s AI Legal Insights: Shaping Tomorrow webinar series.
- August 10, 2026 – Yuri Mikulka and Wade Perrin presented “AI Meets IP: Litigation Fundamentals in a Changing Landscape” hosted by the American Bar Association Section of Litigation.
- July 30, 2026 – Emily Welch and Bob Lee presented “Intersection of Software and Intellectual Property,” discussing practical strategies for responding to pre-suit demands, managing software-related IP risk, and addressing emerging AI and copyright issues.
- July 28, 2026 – Yuri Mikulka presented “Order in the Algorithm: AI, Ethics, and the Future of the Courtroom,” hosted by the American Bar Association.
- July 1, 2026 – Paul Greaves spoke on a panel of industry and regulatory professionals at an IAPP Brussels KnowledgeNet event, focusing on how organizations are implementing AI governance in practice.
News
- July 1, 2026 – Cynthia Cole is quoted in the Anti-Corruption Report on emerging AI compliance considerations in commercial agreements, noting that companies are increasingly evaluating representations of AI laws, governance obligations, and the lawful use of data for AI systems.
For additional updates, please visit our Privacy, Cyber & Data Strategy Blog.
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