With a rapid pace of adoption, artificial intelligence (AI) platforms and applications are becoming widespread in nearly every industry. While these tools unlock great potential, their unchecked use presents many challenges. For example, employees without adequate training could be entering sensitive information into web-based AI platforms in violation of privacy laws, using copyrighted materials without permission, or relying on AI-generated outputs that include erroneous information or hallucinations.
Human resource and other systems that utilize AI (such as applicant screening, employee monitoring, or job performance review software) pose a risk of inaccuracy and bias, exposing an organization to lawsuits for discrimination or wrongful termination. It is crucial for organizations to understand how AI is being used both internally and by their third-party service providers in order to protect sensitive information (e.g., trade secrets, personally identifiable information, and other protected data), limit contractual and other forms of liability, and navigate the emerging legal and regulatory landscape.
Saul Ewing helps clients in a variety of industries, including technology, higher education, health care, and life sciences as they consider the legal implications and operational impacts of AI. We advise on responsible AI adoption, risk mitigation, and the interplay between AI and issues such as employment practices, intellectual property rights, the protection of confidential and proprietary information, privacy and data security, and commercial transactions. Saul Ewing’s AI team brings together attorneys who understand the workings of Large Language Models (LLMs) and Machine Learning (ML) tools from our Intellectual Property, Cybersecurity & Privacy, and Labor & Employment practices. We closely monitor legal and technological developments in this evolving space, and frequently publish articles and participate in industry events.
Our work includes:
- AI in the Workplace: Advising on the use of AI platforms in the workplace, including navigating intellectual property, privacy and data security, and regulatory compliance issues; drafting and implementing policies concerning employee use of AI; conducting trainings on AI risk management; and designing privacy programs to assess the privacy implications of AI.
- Contracts: Reviewing and negotiating commercial contracts involving the use of AI services and tools.
- Intellectual Property: Advising on the use, documentation, and disclosure to the U.S. Patent and Trademark Office or U.S. Copyright Office of AI in the creation of works of art or inventions.
View a selection of our artificial intelligence representations.
- Multiple clients in industries, such as higher education and healthcare, in preparing and implementing AI use and governance policies.
- An information technology government contractor with the negotiation of AI clauses in a reseller agreement.
- A public communications firm with contract terms relating to the use of AI to create deliverables.
- A software-as-a-service company on contract and IP rights relating to AI-created videos.
- A provider of commercial services in conducting training on AI risk management best practices.