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Tracey Diamond, a partner in Troutman Pepper Locke’s Labor + Employment Practice Group, was quoted in the January 3, 2025 Law360 article, “AI Regulatory Landscape in Flux as Calendar Turns to 2025.”
Tracey Diamond, a partner at Troutman Pepper Locke LLP, said AI regulation is still “in its infancy,” and she believes it is “a little surprising [that] it’s taking this long to kind of get these laws on the books.”
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“I think it’s interesting that when you take all these laws and look at them together, what you’re really seeing is this trend towards, ‘We don’t like the fact that there’s this potential for bias, and we don’t like the fact that candidates don’t know that it’s being used, so we’re going to require you to notify candidates about its use,'” Diamond said. “And some of these statutes are requiring an actual bias audit, whatever that means, and then making sure that … you understand that you’re liable if there’s a potential algorithmic discrimination.”
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However, despite its initial, closely monitored rollout, attorneys said that enforcement activity around the new law has seemed minimal up until now. Whether that changes and enforcement activity picks up in the year ahead remains an open question that warrants monitoring, according to Diamond of Troutman Pepper Locke.
“I think that it might be a question of whether it’s going to be enforced more vigorously than it has been,” Diamond said. “I haven’t seen really any case law coming out of it yet. I’m not sure if the law itself needs to be strengthened, or that it’s just not really a law that’s really being enforced. It’s just sort of a law on the books right now.”
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