About
I've spent my career at the intersection no one expected to exist: technology leadership…
Articles by Russ
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Event Recap on Data Privacy: The Law for Technology Executives
Event Recap on Data Privacy: The Law for Technology Executives
In Headstorm’s inaugural event for 2019, we had an outstanding set of speakers in Kathryne “Kate” M. Morris and Charles…
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Was the Bud Light Superbowl Commercial Too Corny?
Was the Bud Light Superbowl Commercial Too Corny?
As with many other Americans, my family and I gathered around the television to watch the Superbowl last weekend. Of…
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Do code snippets violate copyright law?
Do code snippets violate copyright law?
I recently received a concerned email from a client who was worried that developers working on his product had violated…
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Why I Read "Getting to Yes" Every Year
Why I Read "Getting to Yes" Every Year
While I enjoy reading, I rarely read a book more than one time. I feel like there is so much to learn in this world…
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Oracle v. Google is important for software developers...
Oracle v. Google is important for software developers...
The case of Oracle America, Inc. v.
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I went to law school after age 40, and this is what I learned…
I went to law school after age 40, and this is what I learned…
Scientia Potentia Est or “knowledge is power.” Traditionally, the phrase has been used by rulers or elites to indicate…
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6 important pieces of advice for the class of 2021 (that applies to all of us!)
6 important pieces of advice for the class of 2021 (that applies to all of us!)
In just a few weeks, my oldest son will be packing up and heading down to Austin to start as a Freshman at the…
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Amara’s Law and Autonomous Vehicles
Amara’s Law and Autonomous Vehicles
I’m a big believer in what is known as Amara’s law, named after futurist Roy Amara: “We tend to overestimate the effect…
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Is Your Cybersecurity Strategy Government Approved?
Is Your Cybersecurity Strategy Government Approved?
Just a few weeks back, the Department of Health and Human Services (HHS) fined Denver-based Metro Community Provider…
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Can You Keep a Secret? (A Trade Secret?)
Can You Keep a Secret? (A Trade Secret?)
We are all familiar with the secrecy that surrounds Coca-Cola’s recipe for original Coke. It’s part of the mystique of…
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Activity
8K followers
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Russ Pearlman posted thisA serious test of "the algorithm did it" defense just got filed in Ontario Superior Court, and Google is the $1.5M defendant. A Canadian musician alleges Google's AI Overview falsely identified him as a convicted sex offender, fabricating specifics including a sexual assault conviction, internet luring of a child, and lifetime placement on the national sex offender registry, all because the system reportedly conflated him with another man in Atlantic Canada sharing his surname. The legal argument in the statement of claim is what CIOs and GCs should focus on: "If a human spokesperson made these false allegations on Google's behalf, a significant award of punitive damages would be warranted. Google should not have lesser liability because the defamatory statements were published by software that Google created and controls." That sentence is the entire enterprise AI governance conversation in two lines. A few observations from where I sit. The "defective design" framing matters because the pleading argues Google knew, or ought to have known, that the AI Overview could return untrue information, which is not a Section 230 fight but rather product liability reasoning applied to a generative system, and if that theory survives a motion to strike, every enterprise deploying retrieval-augmented generation against external data needs to revisit its risk register. The same-surname failure mode is not exotic, and it is in fact a predictable hallucination pattern in entity resolution against unstructured web content, familiar to anyone who has tested a RAG pipeline against news archives, which makes foreseeability difficult to argue against. Canadian defamation law does not require proof of intent, operating instead on strict liability for publication with truth as the principal defence, which is a meaningfully different posture than U.S. doctrine and happens to be the jurisdiction in which the suit was filed. The remediation behavior alleged in the pleading is the aggravating factor, with no outreach, no retraction, and no apology, meaning that for any organization shipping AI features to the public, the incident response playbook is now part of the liability calculus rather than an afterthought. This should be interesting to watch. #TheCIOAttorney #AIGovernance #AIDefamation #TRAIGA #NISTAIRMF
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Russ Pearlman posted thisAI sent a grandmother to jail for six months. She'd never been to the state. Angela Lipps spent nearly six months in jail for bank fraud in a state she said she had never set foot in. U.S. Marshals took her at gunpoint while she was babysitting four children. The charges were dismissed without prejudice on Christmas Eve, after her attorney produced bank records showing she was 1,200 miles away in Tennessee at the time of the alleged crimes. Fargo's police chief has said AI was only part of the problem, and he is right. That is precisely why every CIO, CISO, and GC should read this next part twice. Fargo police don't run facial recognition, but neighboring West Fargo does. Fargo detectives took a "potential suspect" hit from West Fargo's system and built a warrant on it. The Fargo chief now says they will stop using the tool because they don't know how it's run. That is the entire governance failure in one sentence, and it is not a policing problem. The most damning part is what this case does to the standard defense of AI deployments. We are told that human in the loop is the safeguard that makes everything else acceptable. Here there was a human, and there was a loop, and the human took an upstream agency's AI hit, ran it past a driver's license photo and some social media images, and called that corroboration. Human, yes. Loop, yes. Safeguard, no. Your vendors are running AI inside the products you have already bought, and your partners are running AI on data you have handed them. Their outputs are flowing into your decisions on hiring, lending, clinical triage, student services, and fraud detection every single day. If you cannot describe the model, the training data, the confidence threshold, and the human review that produced the output you just acted on, then you are not exercising independent judgment. You are laundering someone else's algorithm through your own credibility. "Our partner's system flagged it" is not a control. It is a disclosure. And a human glancing at the output is not a loop. It is a rubber stamp with better optics. #TheCIOAttorney #AIGovernance #VendorRisk #AIandLaw #FacialRecognition
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Russ Pearlman posted thisThis OpenAI lawsuit is a governance case before it is a tort case. It turns on a question most AI governance frameworks do not answer: what happens after the human in the loop. Seven families of victims of the February 2026 Tumbler Ridge school shooting filed suit against OpenAI and Sam Altman this week in the Northern District of California. The complaints allege that multiple OpenAI team members recommended contacting Canadian police about the shooter's account, and that the company decided not to report in part to protect its reputation. OpenAI banned the account in June 2024 for policy violations. The shooting occurred eight months later. A practitioner observation, separate from the merits. Most AI governance frameworks treat human-in-the-loop as the safeguard. It is necessary, but it is the floor. A human reviewed this account. A human made a judgment call. The governance question is what happened next. Mature AI governance requires a defined incident response and escalation function: clear thresholds for external notification, named decision-makers, documented dissent, and a standing record of why a recommendation was accepted or declined. The same discipline a CISO brings to a security incident. A human in the loop without an escalation path is just a single point of failure with a job title. #AIGovernance #AIIncidentResponse #TrustAndSafety #AILaw #ResponsibleAI #CIO #NIST #AIRiskManagement
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Russ Pearlman posted thisAI just turned a 76-year-old trademark doctrine into the most important governance tool you are not yet using. 1950: NBC files three notes, G, E, C, and creates the first "purely audible" trademark in U.S. history. 1978: In re General Electric Broadcasting gives us the legal test still cited today, that a sound mark must be "so inherently different or distinctive that it attaches to the subliminal mind of the listener." 2026: Taylor Swift filed sound marks on two voice clips, "Hey, it's Taylor Swift" and "Hey, it's Taylor," plus a visual mark on her Eras Tour image. Matthew McConaughey did the same thing earlier this year with "Alright, alright, alright." The mainstream read is that celebrities are defending themselves against deepfakes. The governance read is that a 76-year-old doctrine just met its moment. Copyright stops copying. Trademark stops anything confusingly similar. This is synthetic conviction at the identity layer. The model is not reproducing Taylor Swift's voice, it is generating a voice that sounds like her with enough confidence to fool a listener, a streaming platform, and possibly a court. Copyright was built for the first problem and has almost nothing useful to say about the second, while the sound mark doctrine NBC seeded in 1950 and GE Broadcasting tested in 1978 quietly does. Now flip the lens to the enterprise. Your CEO has a voice that customers recognize, your spokesperson has a face that appears in every quarterly video, and your brand has audio cues and taglines built over years. Every one of those assets is a vector for synthetic conviction, an AI-generated artifact that sounds authoritative enough to defraud a customer, move a stock price, or authorize a wire transfer that should never have been authorized. Swift and McConaughey are stress-testing a legal theory that general counsel everywhere will be borrowing from inside of two years, and the doctrine has been waiting since 1950. Question for the GCs, CIOs, and CISOs in my feed. Is "trademark yourself," or more precisely trademark your executives and your sonic brand, a strategy your organization has actually discussed, or is this still living entirely in the celebrity column where it cannot help you? #AIGovernance #TrademarkLaw #Deepfakes #TheCIOAttorney #LegalTech #BoardGovernance #AIRisk
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Russ Pearlman posted thisThe DOJ just joined the lawsuit against Colorado's AI law. Two weeks ago I wrote about xAI's challenge to SB24-205. I didn't expect the federal government to show up on their side. This isn't about xAI anymore. DOJ doesn't intervene in private lawsuits casually. And the theory it picked tells you everything. xAI led with the First Amendment. DOJ went straight to Equal Protection, arguing Colorado's disparate-impact framework forces developers to discriminate by race, sex, and religion to "correct" statistical disparities. That argument is portable. It travels to every state AI law built on the same foundation. Here's the part nobody wants to say out loud: Congress is not passing a federal AI law. Not this session, not next, probably not this decade, and the coalition doesn't exist. Every serious federal AI bill has died in markup. So if the executive branch wants to shape AI policy, litigation is the only avenue left. DOJ isn't defending xAI. It's using xAI to challenge the constitutional ceiling on state AI regulation, one Equal Protection claim at a time, because the legislative path is closed. State legislators should take the hint. If your AI bill leans on disparate impact, it's now a target. CIOs and GCs: if you built programs around Colorado's June 30 effective date, plan for uncertainty. The rules of the road aren't coming from Congress. They're going to be litigated in federal court over the next two years. Build good governance because it's right, not because a state told you to. #TheCIOAttorney #AIGovernance #DataPrivacy #LegalTech
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Russ Pearlman posted this75% of Americans say colleges should teach students how to use AI. 47% say students are more likely to use AI to avoid learning than to support it. Same survey. Same Americans. (Quinnipiac, reported today in Inside Higher Ed.) Here's the part that should stop every president, provost, and CIO cold: the age group most likely to believe AI is being used to avoid learning is 18-34. Fifty-eight percent. Nearly 25 points higher than Americans 65 and older. The generation actually in our classrooms, using these tools every day, trusts them the least as learning aids. Running IT for an institution with 130,000+ students, I see the governance side of this. Tools get deployed, policies get drafted, setection software gets procured, and the people closest to the work often get consulted last. A few things the tech and governance side owes the academic side: 1. Clear policy that distinguishes sanctioned, conditional, and prohibited AI use, so faculty are not inventing rules assignment by assignment. 2. Honest vendor assessments, especially on detection tools, so academic decisions are not made on marketing claims. 3. Governance that includes faculty and academic administrators. So I want to hear from the people doing this work: Faculty, what does your institution's AI policy get right, and what does it leave you to figure out on your own? Students, when you use AI for coursework, is it helping you learn or helping you finish? CIOs and provosts, where are you getting governance right? Where are you stuck? The public wants AI in the curriculum. The students do not trust how institutions are rolling it out. Both can be true. What we build next depends on who we actually listen to. Inside Higher Ed link in comments. #CIOAttorney #HigherEducation #AIGovernance #AIinEducation #EdTech
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Russ Pearlman shared thisI was quoted in the NYT: “What happened with the Claude Code leak is essentially a preview of what’s coming for every creative industry,” said Russ Pearlman, a lawyer specializing in A.I. and technology and chief information officer of Dallas College. Existing copyright rules, he said, were built on the assumption that copying takes time and that there’s a meaningful window to take action to protect a work. “When an A.I. agent can rewrite 512,000 lines of code into a different language before most people have finished their morning coffee, that assumption collapses,” he said. In 2022, the United States Copyright Office said works created entirely by A.I. without human creative input are not eligible for copyright protection. A follow-up review reaffirmed that decision, finding that a simple human prompt was not enough. But courts have yet to decide how much human involvement is required. https://lnkd.in/gn95YTQk #thecioattorney #legaltech #intellectualpropertyAnthropic’s Leaked Code Tests Copyright Challenges in A.I. EraAnthropic’s Leaked Code Tests Copyright Challenges in A.I. Era
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Russ Pearlman posted thisJustice Clarence Thomas at UT Austin: "We're going to have some challenges with AI. I don't even know what that is." He named intellectual property as one of the areas Congress should have legislated by now. I wrote about the challenges with AI and IP in 2018. My argument then, and now: IP law should care about outputs, not process. Copyright has always protected the work, not the worker. A photograph is protected whether the photographer spent three days staging it or pressed a button by accident. John Hughes supposedly wrote Ferris Bueller's Day Off in six days. Nobody docks the copyright for that. The output is what moves markets, creates value, and deserves protection. AI does not change that logic. It tests it. The real debate worth having is how we avoid incentivizing slop and oversaturation of content. That is a legitimate concern. But it is a downstream question, not a reason to abandon the output-first principle that has worked for a century. If a human-directed AI produces an original work, the output exists. It has economic value. Someone invested capital, judgment, and instructions to create it. Saying "no human typed every word, so no protection" punishes the output for the process that made it. It throws the baby out with the bathwater and disincentivizes originality and invention at exactly the moment we should be rewarding both. That is the question Congress should be answering. Not whether AI is scary. Not whether the process feels like authorship. Whether the output deserves the same protection any other valuable creative work receives. Thomas is right that the Court isn't the forum. But the longer Congress waits, the more the answer gets written by accident, case by case, and the harder it becomes to course correct. Eight years after I wrote about this, we are still asking the wrong question. #AIGovernance #IntellectualProperty #CopyrightLaw #ArtificialIntelligence #TechLaw #AIPolicy #TheCIOAttorney
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Russ Pearlman posted thisOracle fired 30,000 people. An AI may have picked them. A 30-year Oracle veteran posted on LinkedIn that the cuts appeared to "follow an algorithm of high-level individual contributors and mid-level managers, especially those with outstanding stock options." Her post drew 2,000+ likes. A second employee described it as a reduction that "was not performance-based." Reports from affected workers mention people with 27, 34, and even 40+ years at the company. Think about who that group actually is. Someone with 27 years of tenure started at Oracle around 1999. They are almost certainly in their 50s or 60s today. Someone with 34 years started in 1992. The math does not lie. You cannot optimize for long tenure and unvested equity without overwhelmingly selecting workers over 50. Under federal law, that group has protections. Oracle hasn't confirmed how selections were made. The reporting is still developing, and there may be a perfectly reasonable explanation. But the questions the story raises apply to every company now using AI in people decisions. A few worth sitting with: If a model is trained to find employees with the most unvested stock options and the longest vesting schedules, what age group does it surface? Is that a business decision, a fairness question, or both? Who reviewed the list before the 6 a.m. emails went out? Could someone explain why a specific 58-year-old engineer was on it and a 32-year-old was not? If you are let go based partly on an algorithm, do you have the right to know what it looked at, how it was weighted, and whether it was tested before being used on human beings? And the question every vendor of AI HR tools should think about carefully: what does your own internal use of AI signal to the customers evaluating your software? None of this is unique to Oracle. Most large enterprises are experimenting with AI in workforce decisions right now. Very few have a documented governance process behind it. Fewer still could produce the artifacts, the feature list, the validation testing, the human review steps, if someone asked tomorrow. That is the gap worth closing. Not because the technology is bad, but because the governance hasn't caught up to the use cases. Companies that build that foundation now will be in a very different position than those who wait for the first subpoena to start looking for the documentation. #AIGovernance #EmploymentLaw #CIO #AI #TRAIGA #TheCIOAttorney
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Russ Pearlman liked thisRuss Pearlman liked thisWe’re thrilled to announce Libby McCabe as a new member of the Dallas College Foundation Board of Directors. Your experience with state regulatory and legislative policy will help shape the future of our organization and the communities we serve. #DallasCollegeFoundation #BoardofDirectors #EducationLeaders
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Russ Pearlman liked thisRuss Pearlman liked thisExcited to be at the Richmond CIO & Cybersecurity Forum Texas 2026! Engaging in thought-provoking discussions and connecting with fellow CIOs and cybersecurity leaders. This event was a fantastic opportunity to learn about the latest trends and innovations in cybersecurity. Gertrude Van Horn Edward (Ned) Meagher (pronounced "Mar") Tanweer Surve Banner Conanan Steven Yannelli Ryan Clarque Vince Kellen PhD #RichmondCIOForum #CybersecurityLeadership #TechEvents
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Russ Pearlman liked thisRuss Pearlman liked this🏆 Congratulations to Blake H. on receiving the SIM Chapter Community Impact Award at the Society for Information Management Chapter Leader Summit. This award recognizes chapter leaders who have made a meaningful impact through service, leadership, volunteerism, and community involvement — and Blake is incredibly deserving of this honor. Over the years, Blake has made a lasting impact at both the chapter and National levels through his leadership, mentorship, advocacy, and commitment to strengthening our community. From supporting leadership development initiatives and national programs to helping foster connection and growth across the SIM network, his contributions continue to positively influence so many across the organization. Beyond SIM, Blake’s leadership extends deeply into the community through coaching, mentoring, thought leadership, and his family’s ongoing support of the Make-A-Wish Foundation. We’re proud to have Blake as part of the SIMDFW community and grateful for the impact he continues to bring to both SIM and the broader technology community. Congratulations, Blake — this recognition is incredibly well deserved. 👏 #SIMDFW #SIMNational #Leadership #CommunityImpact #ITLeadership
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Russ Pearlman liked thisRuss Pearlman liked this📦Excited for the Gartner C-level Communities Dallas CIO Executive Summit on June 18th? Don’t miss this must-attend breakout session: Activating Unstructured Data and Agents in the Enterprise 📦 Join Governing Body Member, A. Ravi M., SVP & Global CIO at Box, as he explores how the evolution from basic AI assistants to autonomous agents is transforming enterprise workflows. Discover how real business advantage is unlocked when AI is grounded in your organization’s unique, proprietary content. In this interactive session with Ravi, you'll learn how to: 📈Prioritize measurable growth beyond LLM hype 📈Connect content to unlock meaningful AI performance 📈Understand the monetary and labor opportunity costs of AI transformation Ready to break down silos and build a reliable foundation for AI in your enterprise? See you there! #DallasCIO #GartnerCIO #AI #EnterpriseAI #Box #Leadership #InnovationDallas CIO Community Executive Summit - Activating Unstructured Data and Agents in the EnterpriseDallas CIO Community Executive Summit - Activating Unstructured Data and Agents in the Enterprise
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Education
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Southern Methodist University
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Jackson Walker Brief Committee, Executive Director (2016-2017) and Member (2015-2016)
Honorable Barbara M. G. Lynn American Intellectual Property Inn of Court, Member
Phi Delta Phi National Legal Honor Society -
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Publications
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Recognizing Artificial Intelligence (AI) as Authors and Inventors Under U.S. Intellectual Property Law
Richmond Journal of Law and Technology (JOLT)
See publicationU.S. IP law has grappled with the issue of non-human authorship and inventorship since the middle of the twentieth century when computer systems were first used in the generation of music and imaginative ideas. Today’s advanced Artificial Intelligence (AI) systems have “created” numerous works including musical compositions, art, writings, recipes, and potentially patentable inventions. However, common-law, along with the policies and procedures of the U.S. Copyright Office and the U.S. Patent…
U.S. IP law has grappled with the issue of non-human authorship and inventorship since the middle of the twentieth century when computer systems were first used in the generation of music and imaginative ideas. Today’s advanced Artificial Intelligence (AI) systems have “created” numerous works including musical compositions, art, writings, recipes, and potentially patentable inventions. However, common-law, along with the policies and procedures of the U.S. Copyright Office and the U.S. Patent and Trademark Office, rejects the idea of non-human authorship or inventorship. These doctrines are not based off statutory requirements but on assumptions about computer capabilities stemming from an analysis done in the mid- twentieth century, almost 40 years ago.
Other contributors to this question have denied that AI authorship should ever be allowed or that AI should be treated as inert tools of creation no different than cameras or photocopiers. However, both approaches fail to appreciate the independent creation of modern AI’s that process information in ways much like human brains—well beyond simple mechanical devices using simple mathematical algorithms.
Thus, this paper argues for recognition of AI authorship and inventorship. To that end, this paper presents a framework to analyze when such rights should be recognized based on (1) the subject matter (i.e., independence of the work) and (2) the causation (i.e., independence of the AI). In addition, the framework introduces an IP rights assignment regime like “work-for-hire” and “employed-to-invent” based on the nexus between the AI and the natural persons programming and/or using it. This approach avoids the complication of naming an AI as a legal or natural person under the law.
Honors & Awards
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ORBIE CIO of the Year, Large Corporate
InspireCIO
It represents the highest standard of achievement in the technology, security, and marketing industries, recognizing nominees, finalists, and winners who embody strategic vision, management effectiveness, and a commitment to serving others. More than an award, the ORBIE honors the best of the best—leaders who create business value and drive meaningful change.
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2021-2026 Texas Rising Stars
Thomson Reuters
Six years in a row from the lawyer rating service that honors the top 2.5% of lawyers who exhibit excellence in practice and personal characteristics.
Organizations
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State Bar of Texas
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American Bar Association
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Dallas Bar Association
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Federalist Society
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PADI
Advanced Open Water Diver
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Honorable Barbara M. G. Lynn American Intellectual Property Inn of Court
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Avignon Homeowner's Association
Board Member
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Windhaven Farm Home Owners Association
Vice President
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Nick Augustine
Artificial intelligence has changed how law firms market themselves, and many solo practitioners are feeling the impact. Larger firms with AI-driven content strategies seem unstoppable, but there are still ways for independent lawyers to compete and thrive. In Episode 27 of Power 5 with Nick Augustine, I talk about what solo lawyers can do to stay visible, stay authentic, and build a brand that lasts. Listen here: https://lnkd.in/gVmjXMGN #LegalMarketing #AIMarketing #LawFirmBranding #SoloPractitioner #Power5Podcast
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Daniel Villanueva Plasencia
On 2 June 2025, the Texas Legislature passed the Texas Responsible Artificial Intelligence Governance Act. If enacted, it will regulate the use of artificial intelligence (AI) systems for all individuals and businesses promoting, advertising, or conducting business in Texas, and those developing or deploying AI systems in the state.
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Matthew C. Luzadder
Texas Mini-TCPA Law – FAQs for Marketing Texts With Texas S.B. 140 set to take effect soon, text marketers face new compliance risks. The amendment expands the definition of “telephone solicitation” to include text messages and ties violations directly to the Texas Deceptive Trade Practices Act, opening the door to more lawsuits and higher penalties. Key FAQs we address: • How does S.B. 140 change the scope of Texas’s telemarketing law? • Do text marketers have to register with the Texas Secretary of State? • Are there new obligations on consent, quiet hours, or the Texas no-call list? • What remedies are available for consumers under the Texas DTPA? • What practical steps should businesses take now? Full analysis here: https://lnkd.in/g_YEB9Vj #KelleyDrye #marketingpractices #SMS #TCPA #TSR #UDAP #telemarketing #Texas
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