AI Policies & AI Governance

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Commercial

  • Policies for Third-Party AI Tools: We advise on developing policies for the use of third-party generative AI tools, focusing on mitigating associated risks.

  • Customer Agreements: We specialize in advising on customer agreements for products or services that incorporate third-party generative AI tools.

  • Diligence on AI Tool Usage: We offer diligence services regarding the potential use of generative AI tools by vendors and acquisition targets.

  • Transactional Agreements: We provide guidance on crafting representations and warranties in various transactional agreements concerning the use of generative AI.

  • Negotiating AI Agreements: Our services include negotiating commercial agreements both on behalf of and against providers of generative AI tools.

  • Advising AI Tool Providers: We assist providers of generative AI tools in revising their terms to align with legal standards and client needs.

  • AI Data and Content Licensing: We help AI companies in negotiating both inbound (for training purposes) and outbound data and content licensing agreements, including devising appropriate licensing and pricing models.

  • Bespoke AI Commercial Agreements: Our expertise extends to assisting AI companies in bespoke commercial agreements, especially regarding the ownership of outputs and custom AI models.

  • AI Platform Diligence: We conduct thorough diligence on various AI platforms, providing overviews and advice on each platform's terms of service. This includes identifying terms that may be problematic for clients.

IP and Technology

  • AI Training Data Procurement and Use: We advise clients on legal parameters for using publicly available and user-generated content as AI training data. This includes guidance on laws related to scraping and anti-scraping measures.

  • Trade Secret, Privacy, and Data Security: We provide counsel on the implications of using generative AI in relation to trade secrets, privacy and data security.

  • Open Source Risks in AI Code Development: We assist companies that use generative AI for code development in managing risks associated with open source software.

  • Patent Protection for AI Companies: We help AI companies in obtaining patent protection for their innovations.

  • Freedom-to-Operate Assessments: We assist AI companies in ensuring freedom-to-operate without infringing on existing IP rights.

  • Copyright Issues in AI-Generated Works: We advise on issues of copyright authorship, ownership and protection concerning AI-generated works.

  • Comprehensive IP Issue Counseling: We offer advice on a range of IP issues (including trademark, trade secret, right of publicity, copyright, DMCA, Computer Fraud and Abuse Act) related to the input of training materials into AI models and the outputs generated by AI tools in response to user prompts.

Litigation

  • Defending Generative AI Platforms: We specialize in representing generative AI platforms in litigation, including landmark cases such as defending against copyright infringement, DMCA violations, right of publicity and unfair competition claims.

  • Pre-Litigation Disputes for Training Data Use: We represent companies in pre-litigation disputes related to the use of training data for customizing AI models, ensuring compliance and mitigating risks.

  • Counseling on Fair Use and Litigation Avoidance: We provide strategic advice to AI platforms and their users regarding fair use doctrines and methods to avoid potential litigation.

  • Advising on AI in HR and Employment: We offer counsel on the use of generative AI platforms in human resources and employment-related matters, navigating the unique legal complexities in these domains.

Regulatory

  • Ethical AI Use Policies: We assist AI companies in establishing ethical use of data and AI acceptable use policies, ensuring responsible deployment of AI technologies.

  • Data Privacy Compliance: We advise on compliance with data privacy laws, particularly in relation to AI products and services. This includes guidance on privacy policy disclosures, responding to data requests from individuals and performing data protection assessments.

  • Navigating Regulatory Obligations: We provide advice on various regulatory obligations and proposed regulations affecting AI. This includes FTC non-discrimination and labeling rules, California chatbot rules and international regulations that limit AI platforms.

  • Responding to Congressional Inquiries: We represent companies and individuals in their responses to queries from members of the US Congress about AI, including discussions on the impacts of legislation and regulations on technological innovation.

  • International AI Law Compliance: We advise on compliance with international AI laws and legislation, such as the European Union’s Draft Artificial Intelligence Act, ensuring global operational conformity.

  • Development of AI Principles and Frameworks: We assist companies in developing principles and frameworks for artificial intelligence, aligning technology development with ethical and regulatory standards.

Corporate

  • Diverse Corporate Transactions: We represent top high-growth companies across the AI spectrum in various corporate transactions. This includes handling financings, mergers and acquisitions (M&A), private equity transactions and capital markets transactions. Our involvement in these complex transactions highlights our expertise in navigating the unique challenges and opportunities in the AI industry.

  • Investments and Acquisitions: We act on behalf of companies and investment funds in their investments in and acquisitions of AI companies and technologies. Our role here is crucial in facilitating growth and innovation in the AI sector by helping clients make informed, strategic investment decisions.

  • Venture Fund Representation: We represent leading global venture funds in their investments in AI companies. This service underscores our understanding of the venture capital landscape and the specific nuances of investing in AI technology.

  • AI Disclosures for SEC Filings: We advise clients on AI-related disclosures in public filings with the U.S. Securities and Exchange Commission (SEC). Our expertise ensures that AI companies comply with regulatory requirements while effectively communicating their AI initiatives and risks to investors and the public.