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Gene is a member of the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) practice, based in the Richmond office. He brings extensive regulatory experience, having most recently served as senior assistant attorney general and chief of the Computer Crime Section in the Office of the Attorney General of Virginia, and as special assistant U.S. attorney in the Eastern District of Virginia for 20 years.

In this crossover episode of The Good Bot and Regulatory Oversight, Brett Mason, Gene Fishel, and Chris Carlson discuss the latest state laws targeting AI, especially in health care. They break down new legislation in Colorado, Utah, California, and Texas, highlighting differences in scope and enforcement. They also cover how state attorneys general are using consumer protection and anti-discrimination laws to regulate AI, even in states without AI-specific statutes.

On July 23, President Trump announced efforts to position the U.S. at the forefront of the global artificial intelligence (AI) race. “Winning the AI Race: America’s AI Action Plan” details how the federal government will advance the AI industry and was issued pursuant to the president’s January 23 Executive Order (EO) 14179, “Removing Barriers to American Leadership in Artificial Intelligence.”

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Wednesday, July 23 • 12:00 – 2:10 p.m. ET

Troutman Pepper Locke attorneys Dave Navetta, Gene Fishel, and Dan Waltz will participate in an upcoming CLE with myLawCLE discussing the evolving landscape of data privacy regulation across the United States. This panel discussion will offer an in-depth analysis of state-level data privacy laws, with a focus on pioneering regulations such as California’s Consumer Privacy Act and Virginia’s Consumer Data Protection Act, along with other notable state-specific legislative measures. Our panelists will explore the complexities of these laws, emphasizing key differences and similarities that affect both businesses and consumers.

One of many provisions in the “One Big Beautiful Bill Act,” passed by the U.S. House of Representatives, would place a 10-year “temporary pause” on states’ ability to regulate artificial intelligence (AI). Initially called a moratorium, Senate Republicans changed the characterization of the prohibition to ensure the provision’s passage during the reconciliation process. The changes were at least partially successful, as the proposed “temporary pause” overcame a procedural hurdle when the Senate parliamentarian concluded that it satisfies the “Byrd Rule” and may remain in the bill. The bill now heads to the Senate floor. If enacted, the temporary pause would mark the most significant federal action (or inaction) related to AI.

On April 29, Michigan Attorney General (AG) Dana Nessel filed a lawsuit against Roku, Inc. (Roku), the smart TV and device provider and streaming service, alleging that Roku collects and monetizes personal data from children without proper parental consent in violation of the Children’s Online Privacy Protection Act (COPPA) and other laws, including the Video Privacy Protection Act (VPPA) and the Michigan Consumer Protection Act.

On June 2, the Texas legislature passed the Texas Responsible Artificial Intelligence Governance Act, (TX AI Act or bill) which heads to the governor for his signature or veto. The bill will take effect January 1, 2026, if the governor signs it into law. It is the most comprehensive piece of AI governance legislation to pass a state legislature to date. If enacted, Texas will become the fourth state after Colorado, Utah, and California to pass AI-specific legislation.

Join us for a special crossover episode of The Consumer Finance Podcast and Regulatory Oversight, where Chris Willis, Kim Phan, and Gene Fishel delve into the evolving world of state AI legislation. As AI becomes a pivotal tool in the financial services industry, understanding the implications of new laws is crucial. This episode focuses on Colorado’s comprehensive AI law and its potential influence on other states, exploring key issues such as algorithmic discrimination, privacy, and cybersecurity. Gain insights into best practices for compliance and learn how state attorneys general are stepping up enforcement in the absence of federal action. Don’t miss this informative discussion bridging consumer finance and regulatory oversight.

RICHMOND – Samuel E. “Gene” Fishel, a member of Troutman Pepper Locke’s Regulatory Investigations, Strategy and Enforcement (RISE) Practice, was recently named to Virginia Lawyers Weekly’s “Go To Lawyers” 2025 list for cybersecurity litigation. The program recognizes top lawyers across the commonwealth in a given practice area based on nominations and an independent selection process.