Artificial Intelligence & Machine Learning technologies are game changers that have the power to transform organizations, business models, and many fields and aspects of human endeavor. Improving functionality, speed, and productivity of systems is just the start—and we are also at just the start of how legal systems across the world will respond to AI/ML.
But while the public interest in AI/ML may seem new, core aspects of these technologies have both been in development and in use for some time. Perkins Coie has advised and assisted clients with the development, use, and deployment of AI/ML technologies for over a decade. We have had a dedicated AI/ML industry group at the firm since 2016, long before many other firms recognized this practice area and began developing knowledge and experience.
Our broad experience working with many of the world’s most innovative companies, both with traditional AI/ML and with generative AI, uniquely positions us to advise clients as they explore how to develop and bring AI/ML technologies to market—or use AI/ML technologies developed by third parties—in a way that responds both to laws as they currently exist, and also as to how they may evolve in the future. Our experience extends to organizations of all sizes—from startups to major leading technology companies to brick and mortar organizations, across a wide range of industries. Our team of over 120 practitioners includes lawyers with advanced scientific/computer programming degrees, some with a specific focus on AI/ML, and lawyers who have previously worked as researchers, developers, or in-house counsel for companies focused on AI/ML.
Current uses of AI/ML are only the beginning. Our clients recognize that the integration of AI/ML technologies will be vital to their future success.
Our broad range of legal work related to AI/ML spans the development lifecycle and includes:
- Analyzing the sourcing and use of data for model training, as well as for use in generative AI tools, including considerations relating to privacy, biometrics, IP, data security, and contract law
- Advising regarding model development and testing, including assessing algorithmic accuracy and bias and fairness considerations
- Obtaining patents for AI/ML technologies
- Obtaining funding and financing for AI/ML startups
- Conducting due diligence on AI/ML technologies as part of corporate transactions
- Implementing responsible use/ethical frameworks for governance and use of AI/ML
- Drafting policies for organizations’ internal use of AI/ML tools
- Assessing and advising on compliance under AI/ML-specific laws as they come into existence, such as automated decision-making requirements
- Advising regarding trust and safety issues relating to AI/ML used with respect to large-scale content-sharing or messaging platforms, such as considerations relating to child safety, content moderation, deepfakes, law enforcement access, and misinformation
- Advising regarding use of AI/ML in heavily regulated industries and/or under other substantive areas of law, such as ADA accessibility, antitrust, civil rights/discrimination, consumer protection, copyright and IP, data security, employment, financial services, healthcare, privacy, and trade secrets
- Drafting user notices and external-facing messaging regarding AI/ML-enabled products and services to provide algorithmic transparency and align with regulatory recommendations
- Drafting contractual and licensing terms to allocate roles, responsibilities, and risks related to AI/ML technologies between entities
- Advising on public policy questions regarding proposed AI/ML laws
- Defending FTC and state attorneys general investigations into alleged misuse of or bias in AI/ML
- Litigation regarding AI/ML products and features