First 100 Days Report - Fisher Phillips

ARTIFICIAL INTELLIGENCE TRUMP APPOINTS NATION’S FIRST AI CZAR Even before taking office, President Trump appointed David Sacks—a Big Tech veteran, Silicon Valley insider, and vocal advocate for deregulation—to the role of “AI & Crypto Czar.” His selection signals a major shift toward a pro-industry, deregulatory approach to AI policy, with a strong emphasis on innovation, industry collaboration, and rapid technology adoption. Read more about David Sacks and his appointment here. BIDEN AI EXECUTIVE ORDER SCRAPPED On his very first day in office, Trump rescinded President Biden’s executive order on AI. Trump’s repeal of Biden’s executive order marked a full pivot from caution to competition, replacing AI oversight with a focus on economic growth and national competitiveness. No longer would AI companies need to report safety testing results, and the 2024 AI Fact Sheet for Employers seems to have no remaining persuasive relevancy, just to name a few developments. Read more about the end of Biden’s AI executive order here.

BIG TECH CALLS FOR NATIONAL AI REGULATION After the White House called for public comments to help develop a comprehensive national AI regulatory framework, major tech companies, business coalitions, and industry groups provided their thoughts. The consensus? A request for federal preemption of state AI laws, balanced and flexible regulation focused on use, and more. Read more about Big Tech’s requests here.

TRUMP ISSUES NEW AI EXECUTIVE ORDER Just days later, Trump issued his own AI executive order calling regulators to craft a new policy within six months intended to ensure “global AI dominance.”

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Predictions for Next 100 Days... and Beyond

• By July, we can expect federal officials to recommend a soft- touch approach to federal AI regulation in response to Trump’s request for feedback. • Big Tech’s call for federal preemption of state AI laws will fall flat, as Congress will not be able to build consensus on an approach. • While federal regulators step back, expect states—especially California, Illinois, and New York—to step up with investigations into AI discrimination, not to mention new laws. • The April 23 executive order taking on the disparate impact theory will mean we’ll see fewer federal agencies pursuing workplace discrimination claims related to AI use, but we’ll still see private lawsuits bloom across the country.

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David J. Walton, CIPP/US Partner and Chair, Artificial Intelligence Practice Group Philadelphia dwalton@fisherphillips.com Erica G. Wilson Partner and Vice-Chair, Artifical Intelligence Practice Group Pittsburgh ewilson@fisherphillips.com

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