AI Compliance & Governance

We advise Florida businesses on the legal and compliance obligations that arise from using artificial intelligence in their operations. AI compliance sits at the intersection of data privacy, employment law, consumer protection, and contract law, and the businesses that get it right are the ones that address those obligations before an incident or enforcement action forces the issue.

The regulatory environment around AI is developing faster than most businesses realize. Federal agencies including the FTC, EEOC, and CFPB have all issued guidance on AI use in their respective domains. Several states have enacted or proposed AI-specific legislation. Florida businesses that use AI need counsel who understands both the current requirements and the direction the law is heading.

• AI Use Policy Development: drafting internal policies governing how the business uses AI tools, what decisions AI can and cannot make, and how AI outputs are reviewed before action is taken.
• AI Vendor Contract Review: reviewing and negotiating contracts with AI vendors and platforms to address data ownership, confidentiality, liability allocation, and the business's obligations when the vendor's AI causes harm.
• AI in Employment Compliance: advising on the legal requirements that apply when AI is used in hiring, performance evaluation, scheduling, or other employment decisions.
• Consumer-Facing AI Disclosure: drafting the disclosures, terms, and consent mechanisms required when the business uses AI in customer interactions, marketing, or product delivery.
• Data Governance for AI: advising on the data collection, storage, and processing obligations that apply when personal data is used to train, operate, or improve AI systems.
• AI Incident Response: advising on the legal obligations and response procedures when an AI system produces a harmful, discriminatory, or legally problematic output.

The use of AI in hiring, screening, performance management, and workforce decisions is one of the most legally sensitive areas of AI deployment. Federal agencies have made clear that employment discrimination law applies to AI-assisted decisions in the same way it applies to human decisions, and that employers cannot avoid liability by delegating a discriminatory decision to an algorithm.

We advise Florida businesses on the employment law obligations that arise from using AI in workforce decisions, helping businesses deploy AI tools in ways that reduce legal risk rather than creating new exposure in an area where enforcement is actively increasing.

• EEOC guidance compliance: understanding and applying the EEOC's published guidance on AI in employment decisions, including disparate impact analysis requirements.
• AI hiring tool vetting and contracting: reviewing AI hiring and screening tools before deployment and negotiating vendor contracts that allocate liability appropriately.
• Adverse action procedures: ensuring the business has the required procedures for notifying applicants and employees when an AI-assisted decision results in an adverse outcome.
• ADA and accommodation obligations: advising on the reasonable accommodation obligations that arise when an AI system screens out individuals with disabilities.

Most AI systems run on personal data. The businesses that collect customer information, employee records, or behavioral data and use it to train or operate AI systems are operating under a layer of data privacy obligations that most have never specifically analyzed in the context of their AI use. The fact that a business was already complying with general data privacy law before it deployed AI does not mean its current practices meet the additional requirements that apply to AI specifically.

We advise businesses on the data privacy obligations that apply to their AI use, identifying gaps between existing data practices and the requirements created by AI deployment and building the frameworks to close them.

• AI and Florida Digital Bill of Rights: understanding how Florida's privacy law applies to businesses that use automated decision-making and profiling tools.
• Data minimization and purpose limitation: ensuring AI systems are operating only on data the business is legally permitted to use for the purpose the AI is serving.
• Opt-out and consumer rights for automated decisions: building the mechanisms required to honor consumer rights related to automated decision-making under applicable law.
• AI vendor data processing agreements: ensuring contracts with AI vendors address how the vendor handles personal data provided by the business and what rights the business retains.

Businesses that use AI in customer interactions, marketing, content generation, or product delivery face a specific set of FTC and consumer protection obligations. The FTC has made AI-related deception and unfair practices a stated enforcement priority, with particular focus on undisclosed AI interactions, AI-generated content presented as human-created, and AI systems that produce misleading claims.

We advise businesses on the consumer protection obligations that apply to their AI deployments, drafting the disclosures, policies, and terms of service that reduce exposure to FTC enforcement and consumer litigation.

• AI disclosure requirements: understanding when and how the business must disclose that a customer is interacting with an AI system rather than a human.
• AI-generated content compliance: advising on the disclosure and labeling obligations that apply to AI-generated marketing, product descriptions, reviews, and other consumer-facing content.
• Chatbot and virtual assistant terms: drafting the terms of service and privacy notices that govern AI-powered customer service and sales tools.
• FTC inquiry and enforcement response: representing businesses in FTC inquiries related to AI use in consumer-facing operations.

Most businesses access AI through third-party vendors and platforms. The contracts those vendors present are written to protect the vendor, not the business using the tool. Indemnification provisions that push all liability to the customer, data use terms that give the vendor broad rights to use business data for model training, and limitation of liability clauses that cap recovery well below the potential harm are all common in standard AI vendor agreements.

We review and negotiate AI vendor contracts to ensure the business's interests are protected when an AI system causes harm, produces a discriminatory output, or exposes confidential data.

• Data ownership and training use restrictions: ensuring the vendor cannot use the business's data, customer data, or proprietary information to train or improve its models without the business's consent.
• Indemnification and liability allocation: negotiating provisions that place responsibility for AI-caused harm on the party best positioned to control and prevent it.
• Confidentiality and data security obligations: ensuring the vendor's security obligations match the sensitivity of the data the AI system will process.
• Audit and transparency rights: securing the business's right to understand how the AI system works and to audit outputs for compliance with applicable legal requirements.

AI compliance is not a technology problem. It is a legal problem that requires counsel who understands the underlying business operations, the regulatory environment those operations sit in, and the specific legal obligations that AI deployment creates across employment, privacy, consumer protection, and contract law simultaneously.

Pomeranz Law provides practical, business-focused AI compliance counsel that helps Florida businesses deploy AI responsibly, document their compliance posture, and respond effectively when AI use creates legal exposure.

• We advise on what the law actually requires for your specific AI use cases, not a generic framework built around a different business's technology stack.
• We review and negotiate AI vendor contracts before the business is locked into terms written entirely in the vendor's favor.
• We build AI governance programs that reduce exposure across employment, privacy, and consumer protection simultaneously.
• Transparent, practical counsel without the overhead of a large firm.