Data Privacy & Security
Artificial Intelligence (AI) poses significant data privacy and security concerns, primarily due to its reliance on vast amounts of personal data for training and operation. Our team identifies the risks of unauthorized data access, breaches of confidentiality, and the potential misuse of sensitive information by urging robust legal frameworks and compliance measures to mitigate these issues.
Contract Assessment & Considerations
Our transactional lawyers who concentrate in cloud, SaaS, open source, blockchain, intellectual property, outsourcing, and international distribution of technology products and services apply this experience in helping our clients procure and use AI tools.
In the M&A context, diligence on a target's development and use of AI requires a multidisciplinary approach which our team is well positions to provide. Our team knows how to evaluate ownership of the target entity's AI models, tools, and any licensed third-party data when representing a client purchasing an AI-based business.
IP Protection, Ownership & Enforcement
When working with generative AI, key intellectual property (IP) considerations include ensuring that the training data does not infringe on existing copyrights and determining the ownership of the AI-generated outputs. Our team also works with enterprises of all size to address protection of AI innovation, mitigate potential liability for IP infringement, and establish clear guidelines on the ownership, use, and distribution of generated content.
Litigation & Enforcement
Litigation and enforcement in the AI space often involve disputes over intellectual property, algorithmic bias, and the misuse of proprietary data or models. Our team represents clients in these complex disputes and advises on strategies to enforce AI-related contractual obligations while minimizing legal exposure.
Labor & Employment Considerations
When using generative AI in the workplace, several labor and employment legal considerations arise. We work with employers to ensure compliance with anti-discrimination laws, as AI tools can inadvertently perpetuate biases in hiring and employment decisions. Our team also encourage employers to address potential change sin job roles and responsibilities, ensuring transparency and fairness when integrating AI into the workplace.
Company Generative AI Policy, Use & Audits
Establishing robust AI governance framework, encompassing a system of rules, processes, and technological tools within a client's organization, is essential for organizations to ensure the ethical and responsible development and use of AI. Our team uses a 'no size fits all' approach to AI governance policies for our clients, using as a foundation overall AI best practices. We partner with clients through the framework to ensure that AI development aligns with their organizational principles, legal requirements, and ethical standards.
Ethics & Regulatory Compliance (U.S. and EU)
To ensure we are providing informed and timely information to our clients regarding AI regulatory compliance, members of our team conduct thorough research on existing and monitoring proposed AI regulations at both the federal and state levels., and through our Brussels office, the EU AI Act. This research and monitoring allows us to provide relevant guidance on how AI technologies align with current legal requirements, as well as allowing us to keep our clients up to date on proposed regulatory updates and new laws or regulations.
Data Infrastructure
Data infrastructure refers to the systems and frameworks that support the collection, storage, and processing of data used in AI applications. We help clients design and govern these systems to ensure they are secure, scalable, and compliant with regulatory and ethical standards.
