AI is transforming hiring, but many companies don't realize the legal risks that come with it. In this episode of "The Moral Machine," host Chris D. Warren sits down with employment attorney Elizabeth Schlissel to discuss New York City's Local Law 144, one of the first regulations designed to address AI bias in hiring and recruiting.

Together, they explore the real-world consequences of AI discrimination, including the well-known case of Amazon's resume-screening tool, and explain what employers must do to stay compliant. Learn about required bias audits, candidate notification rules, public disclosure requirements, and the penalties businesses can face for noncompliance.

Elizabeth also shares practical guidance on managing AI vendors, identifying "shadow AI" risks within organizations, and building governance policies that protect businesses as AI regulations continue to evolve.

Whether you're a business owner, HR leader, recruiter, attorney, or technology professional, this conversation offers valuable insight into the future of AI compliance, employment law, workplace technology, and responsible hiring practices.

Elizabeth Schlissel is Chair of the Labor & Employment Practice Group at Falcon Rappaport & Berkman and a leading voice on workplace AI regulation and employment law.

"The Moral Machine," hosted by Chris D. Warren, explores the intersection of artificial intelligence, ethics, law, business, and society through conversations with leading experts shaping the future of technology. Subscribe for more discussions on AI governance, compliance, innovation, and the human impact of emerging technologies.

Views expressed on Moral Machine are the author’s own and do not reflect those of the New Jersey Supreme Court Attorney Ethics Committee (District VI) or Falcon Rappaport & Berkman LLP.

The Moral Machine host Chris D. Warren interviews Morristown, New Jersey federal criminal defense attorney Ernesto Cerimele about the New York Times v. OpenAI lawsuit and Judge Wang’s May preservation order requiring OpenAI to retain all U.S. user-submitted materials. They argue the order’s scale (billions of users/chats) creates an unprecedented pool of private, potentially confidential AI chat logs, raising Fourth Amendment concerns under Carpenter and limits on the third-party doctrine for modern digital data. Cerimele discusses risks of general warrants, overbroad subpoenas, and law enforcement access to preserved logs revealing politics, health, relationships, and legal strategy. Proposed guardrails include search-warrant requirements, particularity (timeframes/keywords/topics), minimization akin to wiretap rules, filter teams for privilege, and stronger judicial oversight, citing New Jersey’s State v. Benoa suppressing an overbroad four-year phone search.

Views expressed on Moral Machine are the author’s own and do not reflect those of the New Jersey Supreme Court Attorney Ethics Committee (District VI) or Falcon Rappaport & Berkman LLP.

What really happens to client data when you use tools like ChatGPT, especially if you click “delete” or disable training? In this episode, I’m joined by Cathy Miron, CEO of eSilo and a nationally recognized expert in data protection and cybersecurity, to unpack the privacy, security, and governance realities behind modern LLMs. We discuss litigation and vendor policies can complicate “private” chats, why backups, logs, and engineering choices often outpace contract language, and practical ways lawyers and regulated organizations can use AI without compromising confidentiality or privilege. We cover de-identification workflows, BAAs and vetted tools (think FedRAMP/CMMC contexts), API nuances around ZDR, and the human firewall. Governance for acceptable-use policies, training, and curbing “shadow AI” with sanctioned, enterprise subscriptions. It’s a candid, pragmatic guide to balancing innovation with risk.

Views expressed on Moral Machine are the author’s own and do not reflect those of the New Jersey Supreme Court Attorney Ethics Committee (District VI) or Falcon Rappaport & Berkman LLP.