Is Your Team Oversharing With AI?

AI is undoubtedly amazing. On one single platform I can direct it to, for example, “write me a 400-word blog post about the legal risks of private employees use of AI directed at Utah small to medium-sized businesses.” And then ask it to illustrate that post with an image of a robot in a skirt suit.


(And now you’ll wonder if I even wrote this post myself…. I did. But I did not sketch the image myself.)


And we all know AI has real limitations. We’ve heard the stories about AI hallucinations, where it simply invents an answer. And often AI simply gets it wrong. For example, I often use AI to pull up the citation to a statute and often it produces a link to a bill that hasn’t been enacted, a bill that’s been repealed, or a similar statute that’s applicable to a different industry than the one I asked it to find.


But there’s also legal risks in using “Open Access” or “Free Tier” AI versus “Enterprise” or “Business” AI. Open access/free tier AI is the version you can use for free on a web browser or on app on your computer or smart phone. With many of these tools, user inputs may be stored or used to improve the model. Enterprise or business AI, by contrast, is a commercial‑grade system that typically offers encryption, enhanced privacy controls, and contractual data‑security commitments.


If you do not have the latter­­—enterprise AI— then you really may want to find out what your employees are inputting into an unsecured AI tool. Is it client or employee information, like personally identifiable information? Medical information? Company trade secrets? Financial information?


Depending on your company size and the type of information input into an unsecured AI tool, employees may be creating legal risk under Utah’s data breach notification law, the Utah Consumer Privacy Act (for businesses that meet its thresholds), federal privacy laws, even anti-discrimination laws and contractual confidentiality obligations you have made directly with your clients.


The New Year is a great time to review old policies, create new ones, and train staff on these concerns. We are here to help you navigate these emerging issues!


-By Adrienne Langmo

By Adrienne Langmo April 21, 2026
Receiving a Notice of Proposed Discipline, particularly of a proposed removal, is one of the most stressful experiences a federal employee can face. Whether you work for the Veterans Administration, Internal Revenue Service, Department of Defense, or U.S. Forest Service your career, pension, and livelihood are suddenly on the line. Panic is a natural reaction, but it is not a strategy. If you have been handed proposed discipline, here are three steps you must take immediately. 1. Check Your Deadlines In the federal sector, the clock starts ticking the exact moment you receive your notice. Federal employees typically have only 7 to 14 days to submit a formal response. Missing this strict deadline forfeits your right to defend yourself before a final decision is made. 2. Request the Evidence File Your agency cannot simply fire you without proof. You have the absolute right to review the materials they relied upon to propose your removal. We scrutinize this evidence against a set of aggravating and mitigating factors, often called the "Douglas Factors," to determine if a penalty is appropriate. Often, agencies overreach, and a strong defense can expose that. 3. Secure Your Right to Reply In response to most forms of discipline, you have the right to provide both a written response and an oral reply to the Deciding Official. Having legal counsel on your side ensures your response is strategic, professional, and focused on mitigating the penalty or stopping the disciplinary action entirely. The Takeaway: Federal employment law is a highly specialized field. A general, private-sector employment lawyer often does not know the unique rules, acronyms, or administrative courts governing federal employees. You need counsel with specific experience dealing with federal agencies. At Freeman Lovell, we have our very own experienced Federal employment law practitioner, Adrienne Langmo. If you have received a Notice of Proposed Discipline, don’t navigate it alone—contact Adrienne Langmo today for experienced guidance and help.
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