Artificial Intelligence Law Center

Given the hype around artificial intelligence and the expectations for it to be widely used, it is important to understand the legal implications of these new technologies. Our cross-practice team is closely monitoring the evolution and continued development of AI, including the legal implications and business impacts. This resource center will remain updated with the latest information and insights from our team.

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EVENTS

Webinar Series | AI and the Next Frontier: Understanding What’s Ahead

Generative AI is reshaping our world, and business leaders should take proactive steps to position their companies–and their people–for success. During our webinar series, presented by McDermott’s global, cross-practice team, you’ll learn about AI’s implications in nine industries and service areas, and how you can seize opportunities and mitigate risk across the legal, business and operational areas of your organization.

Wednesday, September 27, 2023

12:00 – 12:30PM ET

Intellectual Property

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Learn how the surge in generative AI sparks new challenges for companies focused on protecting, enforcing and monetizing their intellectual property. We’ll set the stage for the emerging regulatory and legal considerations surrounding AI-assisted works and address potential hurdles to keep your company and its IP ahead of the AI curve.

Wednesday, October 4, 2023

12:00 – 12:30PM ET

Corporate Governance and Board Oversight

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Learn why corporate governing boards should leverage emerging AI guidance and regulatory frameworks to design their own framework for responsible oversight of AI development and deployment. Join AI subject-matter specialists who will share experiences and practical insights for designing and implementing governance oversight frameworks that will help to achieve the right balance between harnessing the enormous potential AI offers for transforming healthcare, keeping pace with warp speed pace of AI opportunities, and managing the many complex enterprise risks they present.

Wednesday, October 11, 2023

12:00 – 12:30PM ET

Antitrust and Consumer Protection

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Ensure your business thrives at the intersection of innovation and regulatory compliance by understanding how AI impacts advertising and competition. This webinar will explore developments related to enforcement of AI and identify potential regulatory landmines your company may face while navigating the evolving AI landscape.

Wednesday, October 18, 2023

12:00 – 12:30PM ET

Employment Law

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Discover how AI’s rapidly growing role in the workplace—including using AI tools to enhance deliverables, streamline operations, assist with recruitment and supervise employees—is catching the attention of the EEOC and other regulators. We’ll share proactive compliance tactics and best practices to maximize AI’s benefits while minimizing legal risks.

Wednesday, October 25, 2023

12:00 – 12:30PM ET

Healthcare

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Learn how healthcare providers and health services companies can seize the opportunities presented by generative AI and large language models while navigating the industry’s fragmented and complex regulatory landscape. We’ll explore which regulations from the US, EU and UK you should be watching, types of liability raised by health AI and offer practical steps your organization can take to develop, implement and acquire AI solutions.

Wednesday, November 8, 2023

12:00 – 12:30PM ET

Health Policy, Regulatory Oversight and Market Access

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Hear from healthcare policy leaders at McDermott+Consulting as they share their insights on the state of generative AI oversight by Congress and federal agencies and how companies can actively participate in the burgeoning AI policymaking process and the development of regulations governing AI in healthcare. They will also share lessons from their real-world experiences helping clients bring AI-powered healthcare solutions and services to market and securing Medicare coverage for such innovative offerings.

Wednesday, November 15, 2023

12:00 – 12:30PM ET

Insurance Industry

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Learn about the novel questions and risks posed to the insurance industry by the rapid implementation of generative AI technology and AI-powered tools by companies across all industries. Our team will explore key transactional, regulatory and risk mitigation issues across various AI uses.

PAST PROGRAMS

Business, Transactions and IT

Explore the world of generative AI and related legal and business risks. We’ll address practical considerations for using AI tools such as ChatGPT, GitHub Copilot, Bard, DALL-E and Stable Diffusion, and provide you with a baseline understanding of the technology, risks involved and how organizations can manage such risks.

Privacy and Cybersecurity

Prepare your business for the rapidly evolving risks and challenges posed by AI with best practices from our experienced privacy and cybersecurity lawyers. We’ll lay the foundation for shaping a secure AI-driven future—which includes developing an adaptable compliance strategy—so your company can avoid risk, capitalize on opportunity and preserve the integrity of the data you hold.

INSIGHTS & RESOURCES

Author or Algorithm: Recent Developments at the Intersection of Generative AI and Copyright Law, September 14, 2023

The EU Artificial Intelligence Act: What’s the Impact?, July 31, 2023

ChatGPT: A GDPR-Ready Path Forward?, April 21, 2023

AI Advertising: The FTC Prepares for Battle, March 7, 2023

IN THE NEWS

Generative AI: Why data protection needs to be emphasised, Finextra, July 18, 2023

War, Pestilence, Extinction And Artificial Intelligence: Technology Leaders Sound A New Alarm, Forbes, May 31, 2023

OpenAI Chief Sam Altman Sends A Message To Corporate Leaders On AI Risk, Forbes, May 17, 2023

The CLO’s Role As The Board’s AI ‘Traffic Cop’, Corporate Counsel, May 9, 2023

AI Regulatory Efforts Creep Forward While Board Oversight Lags, Forbes, April 17, 2023

Copyright Chaos: Legal Implications of Generative AI, Bloomberg Law, March 2023

AI’s Regulatory Framework Begins To Take Shape-And None Too Soon, Forbes, March 16, 2023

AI Learning Curve Becoming Steeper For Corporate Directors, Forbes, February 16, 2023

POLICY INITIATIVES

United States

May 13, 2023, White House, President’s Council of Advisors on Science and Technology | Working Group on Generative AI Invites Public Input
- Summary: The President’s Council of Advisors on Science and Technology launched a working group on generative AI to help assess key opportunities and risks, and provide input on how best to ensure that these technologies are developed and deployed as equitably, responsibly, and safely as possible. The working group, which will hold its next public meeting on Friday, May 19, 2023, invites submissions from the public on how to identify and promote the beneficial deployment of generative AI, and on how best to mitigate risks. The, call for submissions outlines five specific questions for which the working group is seeking responses.
May 4, 2023 | Fact Sheet: Biden-⁠Harris Administration Announces New Actions to Promote Responsible AI Innovation that Protects Americans’ Rights and Safety
- Summary: The White House announced new actions to further promote responsible American innovation in AI and protect people’s rights and safety. The actions include announcing $140 million in funding to launch seven new National AI Research Institutes, an independent commitment from leading AI developers to participate in a public evaluation of AI systems and draft policy guidance by the Office on Management and Budget on the use of AI systems by the US government for public comment. The White House noted that these steps build on the administration’s previous efforts to promote responsible innovation, including the Blueprint for an AI Bill of Rights and related executive actions announced in Fall 2022, as well as the AI Risk Management Framework and a roadmap for standing up a National AI Research Resource released earlier in 2023.
April 25, 2023, DOJ Civil Rights Division, CFPB, FTC and EEOC Joint Statement on Enforcement
- Summary: The Civil Rights Division of the United States Department of Justice (DOJ), the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC( and the US Equal Employment Opportunity Commission (EEOC) released their “Joint Statement on Enforcement Efforts Against Discrimination and Bias in Automated Systems,” which reiterates each agency’s commitment to applying existing legal authorities to the use of automated systems and innovative new technologies.
October 2, 2022, White House Office of Science and Technology Policy | Blueprint for an AI Bill or Rights: Making Automated Systems Work for the American People
- Summary: This document establishes five principles and associated practices to support the development of policies and procedures to protect civil rights and promote democratic values in the design, use and deployment of AI systems.