Thought Leadership

AI Legal Watch: May

Client Updates

xAI Sues to Enjoin Colorado's AI Act Before June 30 Effective Date
Joe Cahill
On April 9, 2026, X.AI LLC ("xAI") filed a complaint for declaratory and injunctive relief in the U.S. District Court for the District of Colorado (X.AI LLC v. Weiser, No. 1:26-cv-01515) against Colorado Attorney General Philip J. Weiser, in his official capacity, seeking to enjoin enforcement of Colorado Senate Bill 24-205 — the act "concerning consumer protections in interactions with artificial intelligence systems" — before its scheduled June 30, 2026 effective date. SB 24-205, signed by Governor Jared Polis on May 17, 2024, requires developers and deployers of "high-risk" artificial intelligence systems to use reasonable care to protect consumers from "algorithmic discrimination" and imposes related disclosure, documentation, and impact-assessment obligations in connection with "consequential decisions" affecting education, employment, financial or lending services, essential government services, health-care services, housing, insurance, and legal services. Enforcement authority is vested exclusively in the Colorado Attorney General; violations are enforced under the Colorado Consumer Protection Act, with civil penalties of up to $20,000 per violation. The original February 1, 2026 effective date was deferred to June 30, 2026 following Colorado's August 2025 special legislative session, and a working group convened by Governor Polis published a proposed amendment to the law on March 17, 2026 that has not yet been introduced as legislation. For coverage of the filing, see The Colorado Sun.

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Integrating Agentic AI: Reconciling Trade Compliance with Operational Expansion
Jason Wilcox
As metal forming and fabricating professionals look to modernize operations and shop-floor data streams with agentic AI, they must confront a strict regulatory landscape, particularly with respect to international trade compliance.  Although integrating these highly autonomous systems can offer immense operational efficiencies, from procurement to fulfillment, it also introduces new trade compliance risks.  Companies that rely on agentic AI to execute inbound purchasing, clear outbound shipments, or share technical data with foreign partners can quickly expose themselves to these vulnerabilities.

But merely recognizing this potential blind spot is only half the battle.  To ensure effective deployment of agentic AI, companies must validate these operational advancements through more active and continuous system testing for trade compliance.

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California Publishes Executive Order on AI
Nick Palmieri
On March 30, 2026, Governor Gavin Newsom signed Executive Order N-5-26, building on California's earlier AI framework established by Executive Order N-12-23 (September 2023). The new order directs multiple state agencies to develop and implement a series of measures aimed at ensuring that Generative Artificial Intelligence ("GenAI") is procured and deployed responsibly across state government operations. The order focuses on leveraging public procurement as a tool to shape market behavior and encourage responsible AI innovation, while safeguarding privacy, civil rights, and civil liberties. Though not enforceable in and of itself, the order does direct a number of subsidiary state agencies to take actions that will bind companies operating GenAI within the state, with most of these actions having an initial 120 deadline (falling on July 28, 2026).

Read more for a brief summary of the order's specific provisions, as well as some of the key takeaways that companies operating in California should take note of before the various recommendations are due. 

Navigating the Risks of AI-Assisted Patent Drafting
Nicholas F. Manzella
The Growing Role of AI in Patent Drafting and Prosecution
Generative artificial intelligence tools are increasingly being integrated in legal workflows, including patent practice. AI tools now exist to assist patent practitioners with tasks such as summarizing invention disclosures, drafting specifications, generating claim language, and preparing responses to office actions. When generative AI tools are incorporated into the patent drafting process, practitioners and inventors should address several potential risks relating to confidentiality, inventorship, accuracy, and downstream litigation implications. As seen in recent court decisions surrounding AI-confidentiality, these considerations will be important in future patent-related litigation.

Confidentiality Considerations
A key issue associated with AI-assisted drafting is the protection of confidentiality. The process of preparing a patent application involves the disclosure of sensitive information, including invention disclosures, technical specifications, and product development documentation. These materials frequently also contain trade secrets, confidential business data, and other information that is not public until the patent application is officially filed. 

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Quick Links
For additional insights on AI, check out Baker Botts’ thought leadership in this area:

  1. 2026 Houston Board of Directors Forum: Key Takeaways: The Baker Botts Houston Board of Directors Forum, in partnership with the National Association of Corporate Directors, brought together subject matter experts on significant and trending topics. Read the update for key takeaways shared with board members during the panels.
  2. AI Counsel Code Podcast: AI, Privacy, and Cybersecurity: What Companies Must Know Now: Maggie Welsh sits down with Michelle Molner to unpack how artificial intelligence is reshaping data privacy, cybersecurity risk, and regulatory enforcement. The conversation explores the growing tension between AI’s demand for large data sets and long‑standing privacy principles like data minimization, consent, and purpose limitation. Our library of podcasts can be found here, and stay tuned for new episodes coming soon.

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