In this episode of Associations NOW Presents, guest host Tom Arend, Jr., Esq., CAE, CEO of the American Academy of Orthopaedic Surgeons, speaks with Jerry Jacobs, Esq., partner at Pillsbury Winthrop Shaw Pittman LLP, about three major issues facing associations today: artificial intelligence, DEI, and misconduct at events. They explore why many organizations are adopting AI cautiously and the importance of guardrails, institutional licenses, and transparency when meetings are recorded or summarized. Jacobs also discusses legal considerations around DEI programs amid increasing scrutiny and evolving interpretations of civil rights law. The conversation concludes with a look at rising concerns around inappropriate behavior at events and why clear policies and enforceable codes of conduct are essential for associations. Check out the video podcast here: https://youtu.be/6YBt9suvV2U Associations NOW Presents is produced by Association Briefings. Transcript Tom Arend, Jr., Esq., CAE: [00:00:00] Welcome to this month's episode of Associations NOW Presents, an original podcast series from the American Society of Association Executives. I'm Tom Arend, CEO of the American Academy of Orthopedic Surgeons. Prior to serving as CEO, I was also general counsel of a large association. And prior to that, I served as a practitioner in the association law space in Washington DC. Joining us today, we're excited to welcome Jerry Jacobs. Jerry is a partner at the firm of Pillsbury Winthrop Shaw Pitman, LLP. Jerry has for decades been recognized as the dean of the association law world, both in Washington and across the country. He is a frequent commentator, author, contributor, and speaker on association law topics, and recently came out with the seventh edition of the Bible of association law, the Association Law Handbook. Welcome Jerry. Jerry Jacobs, Esq.: Hi, Tom. Tom Arend, Jr., Esq., CAE: So there's a lot going on in the [00:01:00] world right now, but we're gonna try and focus primarily on three topics. First topic has to do with the use of artificial intelligence in associations and by associations. Then we'll move on to the impact of diversity, equity, inclusion in associations, and particularly the recent changes in the federal law and the sort of broader federal posture with respect to the use of diversity, equity, inclusion in governance and decision making by associations. Finally we’ll turn to another topic that causes a lot of angst among association executives, which is bad behavior among staff, among members, and among others in the association space, and how associations can most effectively deal with those situations. So in the area of artificial intelligence, actually, particularly today, here we are. In the third week in February, 2026, and we're [00:02:00] reading today, yesterday, over the weekend, doom and gloom scenarios around the use of AI from a number of consulting firm newsletters and other experts in the field, and AI is clearly becoming a very complex, difficult issue for everyone to deal with. How in particular do you see artificial intelligence impacting associations, Jerry? Jerry Jacobs, Esq.: It's gonna affect us all sooner than later, from everything that I can understand. Last year we had a role in the transition of what's arguably the leading AI company in the United States and the world Open AI from its historic founding as a public charity to more emphasis on a taxable business corporation. And I had a chance to look on the inside of the workings of a large AI company. And what I learned is that it's being utilized with new creativity and new efficiency in different ways by different [00:03:00] users. The association community, almost by definition, is a person-to-person field. There's advocacy, which is often one-on-one. There's professional education that's often very personalized. There are communications networking that's always personal, and so I'm wondering whether AI is moving more slowly into the association community than elsewhere because of the personalization required to be successful in association management. But we're seeing association clients use it effectively for preparing content, for communications, for summarizing meeting discourse, for cleaning or mining long lists of members, prospects, vendors, et cetera. And we've seen some. Fairly creative, but so far very limited uses by comparison as lawyers in the [00:04:00] law firm community, we're going headlong in use of ai and I'm not seeing that as often among associations. Tom Arend, Jr., Esq., CAE: Yeah, I would agree with that. What I've seen both personally within the association that I work for and some of my other colleagues experiences in the last, I would say three to four years, is a, a slightly slower adoption than in some other spaces in the commercial area. But I do see that accelerating significantly, and I see both use cases internal to operations and management of an association, almost similar to any other large organization and then external use cases. And maybe we can talk about those. I think in both cases, it's important at the beginning to set some guardrails, to set some policies and procedures, some very clear expectations about how it's going to be used by your internal staff. For example, in our case, initially, I recall we had different groups [00:05:00] using different platforms. We'd have one, the marketing group, for example, maybe using anthropic, and you'd have the finance folks using ChatGPT, and you'd have the comms people using something else. And we ultimately got to a space where we said, hey, we've got to figure out, first of all, a uniform tool that we're all gonna use, that we all can become conversant on. And then importantly, we'll all have a corporate license for and we can use appropriately. And that ideally will help us better integrate what we're doing across the organization in ai. And is that, what are some of your thoughts on setting up those appropriate? Jerry Jacobs, Esq.: That actually makes sense. You're providing computers and in many cases, ipads and phones to employees. So you have every right to restrict what apps and software are used on those machines. And many organizations are picking one or two buying institutional licenses, which will sometimes allow confidentiality of use of these tools, which is a, [00:06:00] a big advantage. And yes, everybody is struggling with “What are our policies going to be?” A continuing question is what about members who wanna use AI to summarize meetings they attend? Yeah. Whether governance meetings or educational content meetings. I would think that in our experience so far, we see more associations come down on the side of denying and forbidding politely and diplomatically use of meeting summary AI tools by attendees simply. Because it's better to have one official record of what happened, especially at governance meetings. But I really appreciate that the exigency of membership relations, you may not be able to hold out. The members may just demand it. And I have seen some pretty darn good summaries of meetings produced by these programs. Tom Arend, Jr., Esq., CAE: Yeah, that's an interesting case. And that's exactly a case [00:07:00] that you can compare to. This is the new technology we have. In some ways, the outcome of that technology is not a lot different in kind than the outcome. Twenty years ago we said, oh, can we record this meeting? Can we do an audio recording of this meeting? And for the reasons you articulated well, we don't necessarily wanna have, we don't wanna killl the debate among board members or committees or what have you, by them thinking, oh, some somebody's gonna look at, listen to this in three weeks or three months, and maybe I misspoke and I didn't correct it. And to your point, we want the minutes to be the official record. And so that, my recollection is the universal recommendation would be no, you shouldn't record meetings as a general rule now. I agree with you and just I see the progression that we've taken and some of my other colleagues and other associations, almost every call I'm on it. We just automatically record it. And the governance people, the staff people use that summary to then [00:08:00] create their own summary and then a set of minutes and it's just become so easy, not error free, to your point, it's always critical to review, have a human. Review everything, but it's hard to stand in the way of that progress from a governance entity. Jerry Jacobs, Esq.: That's absolutely correct. And one final point, if we're gonna move on to another subject, we can't remind users often enough that right now AI's programs all hallucinate, they all make up. And, and so to develop something based just on AI and send it out to the members and find that a key fact or even an insignificant fact is just incorrect, will embarrass the association. And so you've got to check the facts, although we are always surprised with the ability of AI programs to come up with things that we hadn't thought of or data points that we didn't know existed. But very often, not every once in a while, very often they make them [00:09:00] up and so you have to be sure and double check them all. Tom Arend, Jr., Esq., CAE: Yeah. Jerry, what about to this point? Everyone's on a Zoom meeting now, even when you are in person infrequently now, andwe all know it's being recorded by AI and will be used later. This notion of transparency around when we're using AI and then disclaimers to that effect. Jerry Jacobs, Esq.: I think certainly when it's happening at a meeting, the attendees have a right to know that someone is recording what they're saying or proposing or objecting to. So by all means, I think just membership relations again dictates transparency and openness, even to the point, does anybody object if we use this program in order to record and summarize this event