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.

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.

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.

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.

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