Robin Feldman is a Professor of Law at UC Law San Francisco, where she also serves as Director of the Center for Innovation and founding Director of the newly launched AI Law and Innovation Institute. She is a nationally recognized expert on law and technology, with influential scholarship spanning patents, pharmaceuticals, antitrust, and AI. We discuss the intersection of corporate governance and AI, including the ethical challenges facing boards, how to build trust in AI systems, and the broader implications of AI for society. Robin shares her insights into antitrust concerns arising from AI platforms, the geopolitical race for AI dominance, and how regulatory frameworks—both in the U.S. and globally—are beginning to take shape. We also touch on California’s emerging leadership in AI regulation, the use of AI in financial markets, and what board members need to understand as they navigate this complex and fast-evolving space. If you enjoy this episode, please consider subscribing, leaving a review, or sharing this podcast on social media. You can also support the podcast by subscribing to the Boardroom Governance Newsletter at evanepstein.substack.com This podcast is sponsored by the American College of Governance Counsel.
(0:00) Intro
(1:26) About the podcast sponsor: The American College of Governance Counsel
(2:13) Start of interview
(2:45) Robin's origin story
(3:55) About the AI Law and Innovation Institute.
(5:02) On AI governance: "AI is critical for boards, both from a risk management perspective and from a regulatory management perspective." Boards should: 1) Get regular updates on safety and regulatory issues, 2) document the attention that they're paying to it to have a record of meaningful oversight, and 3) Most importantly, boards can't just rely on feedback from the folks in charge of the AI tools. They need a red team of skeptics.
(9:58) Boards and AI Ethics. Robin's Rules of Order for AI. Rule #1: Distinguish Real-time Dangers from Distant Dangers
(15:21) Antitrust Concerns in AI
(18:10) Geopolitical Tensions in AI Race (US v China). "Winning the AI race is essential for the US, both from an economic and from a national security perspective."
(23:30) Regulatory Framework for AI "It really isn't one size fits all for AI regulation. Europe, for the most part, is a consumer nation of AI. We are a producer nation of AI, and California in particular is a producer of AI." "There must be strong partnerships in this country between those developing cutting-edge technology and the government—because while the government holds the power, Silicon Valley holds the expertise to understand what this technology truly means."
(26:46) California's AI Regulation Efforts "I do believe that over time, at some point, we will need a more comprehensive system that probably overshadows what the individual states will do, or at least cabins to some extent what the individual states will do. It will be a problem to have 50 different approaches to this, or even 20 different approaches to this within the country."
(29:03) AI in the Financial Industry
(33:13) Future Trends in AI. "I think the key for boards and companies is to be alert and to be nimble" and "as hard as it is, brush up a bit on your math and science, if that's not your area of expertise." "My point is simply, you have to understand these things under the hood if you're going to be able to think about what to do with them."
(35:43) Her new book "AI vs IP. Rewriting Creativity" (coming out July 2025).
(37:12) Key Considerations for Board Members: "It’s about being nimble, staying proactive and having a proven track record of it. Most importantly, you need a red team approach."
(38:26) Books that have greatly influenced her life:
(39:06) Her mentors.
(41:39) Quotes that she thinks of often or lives her life by: "The cover-up's always worse than the crime."
(42:34) An unusual habit or an absurd thing that she loves.
Robin Feldman is the Arthur J. Goldberg Distinguished Professor of Law, Albert Abramson ’54 Distinguished Professor of Law Chair, and Director of the Center for Innovation at UC Law SF.