Skip to Main Content.

Artificial Intelligence (AI)

Empowering your AI journey.

We understand the transformative power of artificial intelligence (AI) in reshaping industries and redefining legal boundaries. Our focus includes machine learning (ML) and advanced applications like generative AI (GenAI) and large language model (LLM) platforms. Our dedication to this rapidly evolving domain has allowed us to provide specialized support and guidance on regulatory compliance, litigation and transactional matters. Furthermore, recognizing that AI intersects with virtually every sector and business function, our industry-specific teams are poised to bring in-depth knowledge of your business, providing tailored solutions to AI challenges unique to your industry.

Our commitment goes beyond service delivery. We pride ourselves on being thought leaders in AI legal discussions. Clients choose Frost Brown Todd not just for our expertise but also for our forward-thinking approach, driven by a team of tech-savvy lawyers who have first-hand knowledge of your industry and are ready to roll up their sleeves and problem solve with you.

AI Services at a Glance

  • AI Governance Programs: Proactively counseling management, boards and directors on AI benefits, risks, and corporate governance. Working with business and legal teams to develop overall AI governance programs that keep pace with the complex regulatory environment surrounding AI.
  • AI & Intellectual Property Rights: Safeguarding AI-driven innovations, proprietary algorithms, and content generated by advanced AI models. Advising on IP strategies and protections, including patent prosecution and defense, copyrights and trade secrets, particularly as it relates to IP rights in training data and inputs, as well as ownership issues surrounding outputs and usage.
  • Regulatory & Compliance Advice: Counseling on existing and developing laws, regulations and best practices, including SEC disclosure requirements, FTC Act applications, standards of ethics and bias, competition laws, financial regulations and other evolving laws, such as the EU AI Act.
  • AI in the Workplace: Advising employers on navigating AI use in recruiting talent, monitoring employee performance, and engaging with employees. Negotiating the use of AI in collective bargaining agreements and advising on issues such as reasonable accommodation concerns with AI-powered recruiting tools.
  • Privacy, Security & Data Governance: Assisting clients in navigating and complying with privacy and data protection laws in the development or use of AI. Advising on security protections and challenges in the context of AI applications and as part of networks. Structuring and documenting overall data governance programs tailored to your industry.
  • M&A, Financing, Contracting & Licensing Transactions: Drafting and negotiating agreements for licensing, collaborations, and AI-integrated product offerings. Leading and advising on M&A and other transactions involving AI systems, services, or models, including private equity and venture capital deals.
  • Lobbying & Public Policy: Keeping an eagle eye on emerging AI regulations and championing the interests of our clients.
  • Torts & Litigation: Representing clients in AI-related business litigation, including contractual disputes/breaches, fraudulent misrepresentation, government enforcement actions and other allegations. Defending against torts and related liability, including defamation, discrimination, product liability, class actions, physical harm or property damage, and professional liability.
  • AI in Sector-specific Applications: Providing tailored solutions for industry-specific challenges, such as those in healthcare and finance, related to AI innovation and adoption.

Key Contacts

An individual with short white hair, red glasses, and a necklace is smiling while wearing a blue top and a black jacket.
Barbara Bennett

Partner

Nashville, TN

A person with graying hair and a beard is wearing glasses, a blue shirt, and a dark blazer, posing against a white background.
Nilesh (Neal) Patel

Practice Group Leader

Cincinnati, OH

A smiling individual with a beard, wearing glasses, a blue suit jacket, and a tie with a polka dot pattern.
Matthew R. Schantz

Partner

Indianapolis, IN

How We Help Clients

AI in the Workplace

Artificial intelligence is transforming the way businesses recruit talent, monitor employee performance, engage with employees, and process day-to-day Human Resources functions. With new technology comes new legal issues, and we make sure businesses receive the full benefit, without the corresponding risks, associated with implementing AI in the workplace.

We help employers navigate the novel legal issues that arise when preparing for and implementing the latest advances in artificial intelligence in the workplace. Whether it’s negotiating the use of AI in collective bargaining agreements; reasonable accommodation concerns related with AI powered recruiting tools; updating policies and evaluating potential bias issues surrounding AI-powered employee monitoring tools; or advising on the latest laws and guidance impacting employers, our attorneys are ahead of the curve and available to help your business.

Capabilities
  • Guide employers through the evolving legislation and legal guidance on the use of AI in the workplace.
  • Evaluate risk of disparate impact and bias in utilizing AI-powered recruiting and performance management.
  • Draft policies to protect confidential business information and trade secrets utilized by AI software.
  • Counsel businesses on potential reasonable accommodations needed by applicants and employees using virtual assistants and other AI.
  • Draft policies to protect employees’ privacy.
  • Negotiate the use of AI in the workplace in collective bargaining agreements.
  • Advise on proper notices and policies needed for AI-powered performance management.
Experience
  • Drafted notice and policies for employee performance management software.
  • Advised on potential bias of AI-powered recruiting tools (e.g., virtual assistants, resume reading tools, etc.).
  • Counseled employers on impact of latest EEOC guidance on the use of artificial intelligence in the workplace.

AI and Data Security & Privacy

Artificial intelligence models and applications of all types depend on large datasets to train and improve AI-based solutions. Given the litigation and other legal issues surrounding generative AI, machine learning, and other AI systems, businesses that want to improve their competitiveness by using AI-enhanced products are wise to perform due diligence and take into account critical data security and privacy concerns when establishing a governance program. Our team guides companies through the legal aspects of this quickly expanding technology, helping to ensure all the data involved in the AI—whether input data used to train or output data supplied by the solutions—meets legal and ethical requirements. Privacy and cybersecurity compliance rank high on a governance program checklist, but accuracy, reliability, safety, transparency of system operation and governance, and ownership rights are also crucial. Our team appreciates the importance of effectively working with your business stakeholders to evaluate privacy, cybersecurity, and other data risks associated with your development, purchase, transfer, or use of AI.

Capabilities
  • AI privacy and cybersecurity impact assessments
  • AI governance programs
  • AI risk analyses
  • Transparency and consent
  • AI contract review and drafting
  • M&A services related to AI assets
Experience
  • Created tailored governance programs for the discrete parts comprising AI systems and the systems as a whole.
  • Drafted tailored AI workplace policies for employee guidance and use of AI.
  • Provided guidance on network privacy and data security issues to foundationally support AI development.
  • Analyzed risks to AI-related assets in M&A transactions.

AI in Manufacturing

We work with manufacturers to harness the benefits of AI while minimizing risks. Our role is to guide clients as they build, procure, and deploy AI technologies across various facets of their business operations, from product development and manufacturing to distribution and customer support. By strategically implementing AI solutions, manufacturing companies can create efficiencies and improve processes (such as supply chain optimization and predictive analytics in marketing, design, and equipment maintenance), while also enhancing workforce productivity and safety/quality control measures. All of which can reduce costs and timelines for manufacturers and suppliers.

We also advise clients on the integration of AI technologies in their commercialized products. Key issues for manufacturers to consider are intellectual property rights management, confidentiality protection, and accountability. AI use cases for manufacturers are vast, and as companies are not only deploying new technologies within their businesses, but also to customers and consumers, clients need informed counsel savvy on the technical aspects and legal risks of AI. There are many current laws and regulations guiding the ethical and responsible use of AI, with new laws and guidance developing all the time. Issues at hand for our manufacturing clients include algorithmic bias, intellectual property loss or infringement, and the potential for torts and litigation when errors result in liabilities, property damage or physical harm. Because our AI team understands both the technology and the legal landscape, we can help manufacturers and suppliers boldly and confidently leverage innovation to capture real-world value from their AI integrations.

Representative Manufacturing Experience
  • Advised industrial manufacturer in various technology agreements, including master service agreements related to custom AI model trained on client data, as well as company policy governing their employees’ use of AI.
  • Assisted manufacturer in the mobility sector with data syndication agreements and related licensing issues.
  • Represented major developer and manufacturer of health care technology in managing their extensive patent and trademark portfolio, including its machine learning and artificial intelligence related business units.
  • Represented AI and machine learning-based technology company operating in the manufacturing industry with immigration matters for specialized and technical workforce.
  • Provided patent prosecution services for a software company using AI to provide analytics and recommendations for direct marketing campaigns.
  • A smiling individual with a beard, wearing glasses, a blue suit jacket, and a tie with a polka dot pattern.
    Matthew R. Schantz

    Partner

    Indianapolis, IN

AI in Advertising, Entertainment & Media

The advertising, entertainment, and media industries require special considerations when looking at the impact of artificial intelligence on their operations and consumer base. While generative AI creates resources and opportunities to assist in content creation, there are many risks for creators, rights holders, entrepreneurs, and other stakeholders. Our team has the experience and sophistication to advise clients on how to appropriately leverage AI solutions. We can help you determine the best course of action to protect and enforce your property rights and navigate opportunities, risks and other challenges with respect to your business and AI. Our support and solutions are tailored to your specific needs, including considerations for advertisers using AI for FTC compliance, licensing and ownership of AI-created content, and enforcement of creators’ rights.

Capabilities
  • Truth in advertising
  • Influencer agreements
  • Enforcement of rights for content-creators
  • Registration, protection, and licensing content generated with the assistance of AI models
  • Business development for AI start-ups in the entertainment and media space
  • Protection, enforcement, and licensing of personal rights/NIL rights in AI models, such as voice models
Experience
  • Advised a client using AI for communications on the relationship between federal regulatory requirements and their AI product.
  • Advised a client with a machine learning “fingerprinting” model to identify copyright infringement on platforms utilizing user-generated content.
  • Advised a client in enforcement of personal rights, including AI-generated models.
  • Provided thought leadership on protection and enforcement of music copyrights in AI training and generation.

AI in Health Care

Artificial intelligence in healthcare has emerged as a vital tool to enhance patient care by enabling personalized treatment, decreasing errors, improving diagnostics, and reducing healthcare costs across the industry. AI is also streamlining healthcare operations, research, and drug discovery. As advances and new AI applications radically transform the health care system as we know it, companies are faced with an urgent and intricate task—managing the legal and ethical risks associated with AI. That’s where our Health Care Innovation team can help. We understand the additional risks that healthcare businesses assume given the industry’s complex regulatory overlay and liability exposure. We work with clients across the health care continuum to identify and manage these risks to maximize the full benefits that AI has to offer providers and patients alike.

Capabilities
  • Assess AI fraud and abuse risks
  • Evaluate AI HIPAA and other privacy and security risks
  • Identify other health regulatory and liability risks
  • AI governance programs
  • AI contracts and other transactions
Experience
  • Drafted and negotiated a large health data licensing arrangement involving use of AI data analyses by licensee.
  • Worked with statistician to determine the risk of use with AI system of data certified as de-identified under HIPAA.
  • Managed large healthcare transaction for publicly traded business that included provisions governing data analyses
    using AI.

Generative AI

Unlike prior iterations of artificial intelligence, generative AI (or GenAI) represents a new and largely unregulated frontier. By processing user inputs to create new content using machine learning and AI principles applied to large data sets, generative AI introduces a host of novel questions now being litigated in the courts. Unlike predictive AI, which focuses on recognizing and manipulating text and images, generative AI creates new, unique outputs. Examples of popular generative AI uses include ChatGPT, Bing Chat, Bard, LLaMA, and DALL-E, just to name a few, with more currently in the works. Our attorneys help businesses navigate the extensive legal issues surrounding generative AI, with an eye toward achieving their enterprise technology objectives without incurring legal and reputational risks.

Capabilities
  • Intellectual property concerns regarding inputs entered into the AI
  • Protection and enforcement of the outputs created by the AI
  • Managing the risks and liabilities surrounding the data sets and training of the AI
  • Evaluation of customer services and other generative AI solutions to protect confidential information and other rights
  • AI solution contract review/drafting and negotiation

Related Insights

A person with white hair, wearing a black blazer, blue top, red glasses, and a necklace, is smiling within a circular border.
Frost Brown Todd Partner Barbara Bennett Certified as Artificial Intelligence Governance Professiona...

May 15, 2024 | Press Releases

Barbara Bennett, a partner at Frost Brown Todd (FBT), has earned the Artificial Intelligence Governa...

Digital chatbot, A.I., robot application, conversation assistant, AI Artificial Intelligence concept. Woman using mobile smart phone chatting with digital chatbot customer service
AI Chatbots, Hallucinations, and Legal Risks

April 15, 2024 | Publications

Artificial intelligence (AI), particularly in the form of large language models (LLMs), has become a...

an abstract representation of solving problems using artificial intelligence to increase reliability and reduce losses and accidents during the transmission of electrical energy
AI and Energy: Network Innovation and Growth

April 9, 2024 | Publications

*This article was also published in Pratt’s Energy Law Report’s June 2024 edition. This ...

Surgeon Medical Technology
AI and Health Care Providers: Managing the Risks with Data

March 12, 2024 | Blogs

Artificial intelligence (AI) applications in health care can create better, stronger, and faster sol...

A busy factory floor with machinery and conveyor belts, suggesting a highly industrialized setting with automation.
Using Generative AI in Manufacturing: Three Key Considerations

February 16, 2024 | Publications

This is the second in a series of articles outlining successful approaches to integrating AI into bu...

Photo of the United States Capitol with overlayed computer circuitry.  The Intersection of freedom and artificial intelligence
Will AI Destroy the DMCA Copyright Compromise?

February 14, 2024 | Publications

In the 1990s, as today, the internet ran on content, which meant that it both had, and was, a proble...

Young Female Teacher Giving a Data Science Presentation in a Dark Auditorium with Projecting Slideshow with Artificial Intelligence Neural Network Architecture. Business Startup and Education Concept
Three Steps to AI Success for CEOs

February 4, 2024 | Publications

How to perfectly surf the artificial intelligence (AI) wave is a challenge for many businesses and t...

A highway at sunset is overlaid with digital network symbols representing connectivity or communication.
NIST Nov. 17 Workshop on AI Safety Gaps Offers Opportunity for Industry Participation

November 14, 2023 | Publications

President Biden’s executive order (EO) on artificial intelligence (AI) is a call to action for the...

A modern surgical robot equipped with multiple arms and tools stands ready in a well-lit operating room.
Beware Privacy Risks In Training AI Models With Health Data

November 9, 2023 | Blogs

*This article was originally published in Law360 Expert Analysis.  Artificial intelligence models a...

A stylized digital tunnel with binary code patterns lining the walls and a curving road leading toward a bright light at the end.
Houston Founders: How Safe is Your Company’s Data?

November 1, 2023 | Blogs

As news comes out every week about new technologies, from new crypto wallets to generative AI to sel...