Key Takeaways From the 2026 Annual Colorado Privacy Summit

Key Takeaways From the 2026 Annual Colorado Privacy Summit

Ballard Spahr recently co-hosted the 2026 Colorado Privacy Summit with Zaviant. The event brought together thought leaders and decision-makers in privacy and cybersecurity to discuss key issues, with a focus on AI ethics in the legal profession, AI governance and security, and Colorado's changing approach to regulating AI. Below are a few key takeaways from the event.

AI Ethics and the Evolving Lawyer

• Ethics and Professional Conduct. Panelists agreed that the question is no longer whether lawyers should use AI, but how. The discussion stressed that AI systems differ sharply and that understanding those differences is an ethical matter.
• Attorney Development. AI is quickly changing how attorneys are trained. Panelists noted that students and junior attorneys need explicit guidance and that lawyers who are not using AI are falling behind.
• Evolving Client Expectations. The session covered how some financial services clients remain cautious about using AI on litigation matters because of confidentiality concerns. Clients are also pushing for flat-fee arrangements that reflect AI-driven efficiency.
• Key Risks and Outlook. Panelists named overreliance on AI, and failing to double-check its output as the biggest ethical pitfalls. They agreed that AI will not replace attorneys, but attorneys who use AI will replace those who don't.
• Panel Leadership. The session was moderated by Ballard Spahr Senior Associate Mo Pham-Khan. Panelists included Jake Miller, Associate General Counsel, D.A. Davidson; Jennifer Pepin, former General Counsel, Napster; and Theo Rostow, Co-Founder, Syllo, and Lecturer, Yale Law School.

Governing the AI Frontier: Aligning AI Governance, AI-SPM, DSPM, and Data Protection

• AI Governance Fundamentals. Panelists recommended keeping an inventory of AI use cases and training data, which they noted is required under the Colorado AI Act and in the EU. They also recommended aligning AI incident response with existing programs and conducting risk assessments after significant changes, or at least annually.
• Balancing Innovation and Security. Panelists discussed tools for monitoring deployed AI agents. Will Sweeney, Managing Partner, Zaviant, predicted that organizations will eventually use agents that audit other agents. Panelists also contrasted AI security posture management (AI-SPM), or "securing the engine" with data security posture management (DSPM), or "securing the fuel", stressing that the data going into these systems must be properly classified.
• Panel Leadership. The session was moderated by Mr. Sweeney. Panelists included Ben Carver, General Counsel, Ambrosia Biosciences; Jill Green, General Counsel, Morris Green, LLC; and Hugo Teufel III, Vice President, Deputy General Counsel and Chief Privacy Officer, Lumer Technologies.

Keynote Focus: Colorado's ADMT Act, Protecting Minors, and Federal Preemption

Colorado State Senator James Coleman joined Ballard Spahr’s Privacy and Data Security Group Leader Greg Szewczyk for a fireside chat about Colorado’s automated decision-making technology (ADMT) legislation, known as the ADMT Act, which Sen. Coleman was heavily involved in shaping. The ADMT Act was initially the Colorado AI Act; an anti-discrimination measure passed in 2024 that targeted bias in AI. The ADMT Act, drafted during the 2026 session, overhauls that law.

• Regulating Technology. The ADMT Act provides for pre-use notices, adverse action notices, and a right to request meaningful human review. Sena. Coleman also addressed how the legislature is regulating AI Chatbots and other new forms of technology.
• Protecting Minors. The discussion covered mobile app age requirements, amendments to the Colorado Privacy Act, and the Chatbot Safety Act. Under these measures, companies with knowledge of a user's age must put protections for minors in place.
• Federal Preemption. Sen. Coleman described the states as "laboratories of democracy" and, for that reason, said he favors a federal floor rather than a federal ceiling for AI regulation.

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