Artificial Intelligence

Development, Deployment, and Go-to-Market Counseling

We advise on risk mitigation strategies for the development and deployment of cutting-edge AI tools in a quickly evolving and volatile regulatory and ethical space. Lawyers on our team have worked at the highest levels of industry, as both in-house and outside counsel, guiding companies through periods of technology transformation. We thrive in ambiguity and understand the challenges that legal, engineering, and marketing teams face in balancing responsible innovation with meeting product goals in uncharted territory.

We collaborate with legal, product, and privacy teams at technology companies on building AI and machine learning products and generative AI tools, work creatively to develop safeguards and solutions to support business goals, and provide crisp and actionable guidance on regulatory requirements and the development of policies. We advise similar teams at clients across industries that are interested in incorporating AI tools into their products, collaborating with AI companies, and deploying AI internally, through legal assessment, analyzing potential market and reputational impact, and evaluating bias and program risk. We advise companies in industries ranging from technology, software, semiconductor, retail, media and content, automotive, automotive OEMs and suppliers, and banking on confidential engagements.

Experience

• Assisting companies in establishing responsible AI use principles and policies and developing comprehensive global compliance frameworks for the deployment of generative AI.
• Advising on emergent AI risks, including development of risk factors, and corporate strategies and policies, and board of director oversight.
• Advising on global regulatory obligations under AI and data privacy laws and emerging regulations, including compliance with the draft EU AI Act, including proactive assessment and evaluation of key technologies.
• Advising companies on the development and use of generative AI models in user-facing tools and risk mitigation strategies, including for code generation tools.
• Counseling on the deployment of a wide range of AI technologies, including in connection with voice assistant technology, algorithmic decision-making with respect to fraud detection, the development and release of an AI-based chatbot application usable over multiple social media platforms, and the development and deployment of connected and on-vehicle AI-enabled technologies.
• Advising on the legal and regulatory risks in the US and abroad of selling business-to-business AI-powered security and facial recognition technologies.
• Counseling on the implementation of AI decision-making tools in the workplace, including on compliance with New York City’s Local Law 144.
• Advising companies on legislative and regulatory policy and legal developments at the intersection of AI and employment, including drafting comments on forthcoming regulations.
• Counseling on the protection of intellectual property rights, licensing matters, and various other transactional issues in connection with AI.

Regulatory Investigations

We help clients navigate the emerging global regulatory landscape and respond to complex, multi-jurisdictional investigations relating to AI and ML products and algorithmic decisioning. Our expertise extends to representation before the U.S. Department of Justice, Federal Trade Commission, Consumer Financial Protection Bureau, Equal Employment Opportunity Commission, state Attorneys General, state fair employment and housing agencies, European Data Protection Authorities , European Commission, and other global regulators.

Our team has worked in key government roles associated with the development, implementation, and interpretation of AI-related legal frameworks against the backdrop of rapid technological advancement. We have a track record of representing disruptive technology companies and playing a critical role in shaping the legal and regulatory landscape. By tracking and contributing to new and proposed AI regulations, technical standards, and best practices–and collaborating with regulatory decision-makers, we provide clients with actionable insights.

Experience

• Representing major technology company in nonpublic regulatory investigations in connection with algorithmic discrimination and other consumer protection issues.
• Representing major technology company in nonpublic government investigations into AI-based employment-related ads.
• Obtained declination in multi-jurisdictional government investigation into AI-based mobile gaming platform.
• Representing a major technology company in an investigation by the European Commission into the use of recommender systems in an online marketplace.

Disputes and Litigation

We represent clients in high-stakes litigation matters and pre-litigation disputes involving complex AI/MLand algorithmic decision-making systems. We are experienced with complex and class action litigation on issues related to AI, including advertising and employment; copyright, patent, trade secret and other IP; product liability; consumer protection; data privacy and security; and disparate impact claims.

Experience

• Represented major technology company in a class action lawsuit in connection with algorithmic decisioning on social media.
• Advising major consumer platform on defenses and claims against AI-enabled scraping and unauthorized access to data.
• Representing major medical device manufacturer in patent litigation involving implantable medical devices incorporating machine learning and other AI-based technologies.
• Representing technology companies in lawsuits alleging the use of anticompetitive algorithmic pricing mechanisms.

Corporate and Transactional

We are well equipped to handle the most complex AI-related commercial negotiations and transactions, whether AI is core to a target’s business, data inputs for AI are a key asset, or whether a company’s deployment of an AI tool is a key risk area. We have significant experience issue-spotting significant risks and implementing appropriate protections and tools to mitigate them. We conduct thorough due diligence in areas such as privacy, information security, IP, ethics, and antitrust, including as to AI platforms’ terms of services. Our lawyers negotiate technology agreements, licenses, and joint ventures and advise clients on their rights in data sets, models, and model outputs.

In the corporate space, we work with executive stakeholders to analyze key risks associated with the rapid advancement and development of AI, as well as considerations related to existing and proposed legal and regulatory obligations, emerging market practices (both sector-specific and generally). In crafting disclosures related to AI, we work to understand key AI-related products and initiatives, research and development efforts, the impact of AI on the company’s products, services, relationships with customers or suppliers, risks under AI-specific laws as well as other laws implicating AI-related products and services and competitive conditions.

Experience

• Counseling numerous high-profile public companies, including across media, manufacturing, and other key sectors, on AI disclosures in public filings with the SEC.
• Advising on data and content licensing agreements and in connection with representations and warranties in commercial and transactional agreements around the use of generative AI.
• Advising numerous privacy equity, and leading public and privacy companies on large-value transactions motivated by underlying proprietary AI technology, or in light of AI-related risks.
• Advising a leading communications platform in a data licensing and partnership agreement in the development of healthcare-related AI technologies.
• Advising an emerging growth company developing integrated circuits specially designed for use in AI systems on the protection of the company’s IP rights, licensing matters, and other transactional issues.
• Advising one of the largest marketing data aggregators regarding privacy and AI risks, relating to acquisition of another marketing data aggregator and advertising agency.
• Representing a Fortune 100 company in its cross-border acquisition of a developer of AI-based machine vision technology.
• Representing a major medical device manufacturer in licensing negotiations involving diagnostic products incorporating neural networks and other AI-based technologies.