Inventory a target's automated decision tools in due diligence
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List each tool the data room describes, its stated use, the decision it touches and the page. Do not rate legal risk and do not write a warranty.
- What the lawyer must review
- The EEOC page of 29 April 2024 says federal employment discrimination statutes apply to AI used in recruiting, screening, hiring, monitoring, pay, promotion and firing, including unjustified disparate impact. The Colorado bill page for SB26-189 says the Governor signed it on 14 May 2026 and, in that page's summary, developer and deployer duties start on 1 January 2027, so they are not in force on 22 October 2026. The signed bill was not read line by line, and no section number is taken from the summary. Opinion 512 and Rule 1.6 govern use of a tool on the target's documents. You decide which regime, if any, applies.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.