Artificial Intelligence

We counsel clients on a wide range of issues relating to the development, adoption and use of AI. Our multidisciplinary approach can help you reach your objectives in a cost-effective and timely fashion.

We help clients address AI issues arising in a variety of contexts, including the following: 

Regulatory and Risk Management

AI’s accelerated evolution is spurring new laws and regulations surrounding its use. As lawmakers across the country continue debating and enacting new legislation, our attorneys are closely following developments in the AI legal landscape and are focused on guiding you through nuanced legislation and its implications on your business. Through our Regulatory and Risk Management capabilities, we are committed to helping you feel confident in your AI use, with the knowledge that you are doing so responsibly and in compliance with the latest regulations and industry standards. We advise on:

• Determining applicable regulations
• Compliance evaluation and gap analysis
• Policy and procedure development
• Audit and investigation defense
• Departmental footprints, guardrails, and interim policy review and development
• Contractual risk evaluation

Labor and Employment

Employers of all sizes are increasingly implementing AI in their hiring procedures, leaning on the technology to streamline processes from resume screening to workplace training. But, AI automation also introduces the risk of unlawful bias in the workplace – a growing focus of federal, state, and local labor authorities. Our attorneys help clients understand and adhere to applicable employment laws and regulations in their use of AI, providing guidance on:

• AI acceptable use policies
• Employee and contractor AI guardrails training
• Corporate governance frameworks for AI product development
• Bias, fairness, transparency, and reliability in using AI

Intellectual Property

Our intellectual property practice has a deep bench of professionals who advise clients across industries on the intersection of AI and technology. Our attorneys pair an extensive knowledge of the laws surrounding technology and its use with technical experience to guide our clients through notable issues involving AI, including:

• Protectability of AI models and related technology
• Patent application preparation and prosecution (U.S. and international)
• Freedom-to-operate opinions
• Ownership dispute evaluation and resolution
• Licensing
• Litigation
• Third-party rights, protection of ontologies, and classification schema
• Copyright infringement claim defense
• Indemnification issue analysis for users of LLMs related to potential copyright claims

Data Privacy and Security

From machine learning, deep learning, and neural networks, AI is revolutionizing how businesses use data – making data privacy and security more critical than ever. We provide guidance on best practices for data privacy and security in the context of AI, working with you to ensure you are maximizing your data while staying in compliance with the latest privacy and security regulations.

Our attorneys advise on privacy concerns related to the use and development of internal AI systems and help create AI addendums for contracts and internal AI policies. And, when disputes relating to AI use arise – including claims of data breaches or discrimination by AI systems – we vigorously represent our clients in litigation or alternative dispute resolution proceedings.

• Use of personal data in AI
• Privacy notices and consents development
• Internal policy and procedures development
• Regulatory compliance consulting
• New technologies for data collection and use
• Risk management and mitigation
• Data breach response
• Third-party AI platform due diligence

Commercial and Technology Agreements

Our corporate, technology and fintech attorneys are experienced in advising on technology transactions, public and private company acquisitions, and complex financing transactions, including effectively negotiating, structuring and closing tech transactions since the industry’s infancy. We help clients capitalize on implementing AI through advising on issues including:

• Drafting and negotiating complex transactions involving IT, fintech, supply chain, healthcare, cryptocurrency, software development, recruitment, and other areas
• Crafting AI policy documents andAI-optimized corporate policies
• Implementing AI in the financial sector
• Completing technology mergers and acquisitions
• Technology and usage due diligence on targets
• M&A agreement drafting and negotiation
• Ownership evaluation