Unique Insights on Privacy and Data Protection Worldwide
Introduction
Artificial intelligence (AI) is increasingly being used in mental healthcare for functions such as clinical decision support, notetaking and transcription, symptom screening and triage, administrative and operational improvements, augmenting the provider-patient relationship, post-visit remote monitoring, and companionship.Continue Reading Legal Framework for AI in Mental Healthcare
On September 29, 2025, California Governor Gavin Newsom signed into law Senate Bill 53, the Transparency in Frontier AI Act (TFAIA), the first-of-its-kind AI legislation in the U.S. that will require large AI developers to publicly disclose how they plan to mitigate potentially “catastrophic risks” posed by advanced frontier AI models. The law builds on recommendations from the June 2025 report from the Joint California AI Policy Working Group and is a pared-back successor to last year’s unsuccessful Senate Bill 1047, which was vetoed amidst industry opposition. Most provisions of SB 53 will be effective starting January 1, 2026.Continue Reading California Enacts Major AI Safety Legislation for Frontier AI Developers
On July 23, 2025, the White House announced its long-awaited comprehensive AI Action Plan titled “Winning the AI Race: America’s AI Action Plan” (the Plan). The Plan is aimed at positioning the U.S. as the global leader in AI and is a follow up to President Donald Trump’s January 23, 2025, Executive Order on “Removing Barriers to American Leadership in Artificial Intelligence,” which revoked the Biden Administration’s prior AI Executive Order (Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence). The AI Action Plan contains more than 90 policy actions related to three key pillars: 1) Accelerating AI Innovation, 2) Building American AI Infrastructure, and 3) Leading in International AI Diplomacy and Security. This alert touches on all three pillars with a focus on the first, which outlines the Trump Administration’s strategic vision and policy recommendations to drive innovation in the American AI sector.Continue Reading White House Releases America’s AI Action Plan
In May 2025, New York State Governor Hochul signed Part X of New York’s annual budget, titled, “Personalized Pricing Transparency and Anti-Discrimination.” Part X, which took effect on July 8, 2025, sets disclosure requirements for the use of algorithmic pricing and prohibits the use of certain consumer data to set prices.Continue Reading New York Requires Disclosures for Personalized Pricing
Artificial intelligence (AI) companion apps have been in the news, with Commissioner Melissa Holyoak of the Federal Trade Commission calling for a study on AI companions earlier this month, and lawmakers at the state and federal level voicing concerns about the technologies. In response, New York has enacted the first law requiring safeguards for AI companions. Scheduled to come into effect on November 5, 2025, the law requires operators of AI companions to implement safety measures to detect and address users’ expression of suicidal ideation or self-harm and to regularly disclose to users that they are not communicating with a human. Here are some answers to the key questions about the law:Continue Reading New York Passes Novel Law Requiring Safeguards for AI Companions
On June 5, 2025, Nevada Governor Joe Lombardo signed AB 406, a law regulating the use of artificial intelligence (AI) for mental and behavioral healthcare. AB 406 comes as other states, such as Utah and New York, have taken steps to regulate AI chatbots, including AI chatbots providing mental health services. AB 406 prohibits offering AI systems designed to provide services that constitute the practice of professional mental or behavioral healthcare (such as therapy) and prohibits making representations that an AI system can provide such care. In addition, AB 406 limits how mental and behavioral healthcare professionals can use AI systems.[1] AB 406 takes effect on July 1, 2025.Continue Reading Nevada Passes Law Limiting AI Use for Mental and Behavioral Healthcare
