With artificial intelligence (AI) offering the ability to make autonomous decisions, improve systems accuracy, reduce back-office costs, increase output and efficiency and generate insights not otherwise accessible through traditional manual processes, established enterprises and emerging technology companies must navigate the evolving legal and regulatory considerations.
Whether investing in, adopting AI or engaging in open innovation around AI with outside parties or vendors, businesses require strategic guidance on the legal implications associated with the use of this technology, as well as assistance navigating the development of practical and actionable ways of managing the associated risks. As the use and development of AI expands, so do the related legal implications and regulatory oversight on a range of AI-related activities, including product development, procurement, human resources, compliance, governance and IT systems. Considering the broad array of misaligned pending and forthcoming regulations related to AI, businesses must find a way to plan for and navigate the unknown.
Our globally-integrated team of lawyers are advising on the evolving AI legal landscape and regulations which increasingly span industries and borders, including:
- Data protection and use, including data privacy regulations and processes, conducting training data assessments (lineage, freedom to use and contractual considerations), conducting data privacy impact assessments on processes that involve the use of AI and advising on cyber considerations (Privacy and Security by Design principles and implementing secure AI environments).
- IP protection and enforcement, including patent prosecution and protection, copyright evaluations, freedom to operate, IP invalidation and IP enforcement and defense.
- Regulatory advice and guidance, including advice regarding compliance with the ever-evolving and often conflicting regulatory regimes across the globe.
- Corporate governance, policy and framework development, including developing AI governance policies and implementation frameworks, and implementing human-centric oversight, to include compliance assessments of automated decision-making rules, drafting explanations and developing challenge and oversight process, as well as other necessary internal controls.
- AI risk and impact assessments, identifying potential liabilities attendant with AI use and deployments (including compliance, discrimination, bias, and ethical evaluations), and assessing and implementing risk mitigation strategies.
- Procurement of third-party AI products and use, including addressing limitations on use, specialized contractual terms, allocation of IP rights, specific use of data in training and rights in AI output.
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